Sivanesan vs K.Ushananthini
2021 Latest Caselaw 12552 Mad

                                                                       CRP PD(MD).No.907 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 28.06.2021

                                                        CORAM

                           THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                            CRP PD(MD).No.907 of 2021
                                                        and
                                         C.M.P.(MD)Nos.5101 and 5111 of 2021

                     1.Sivanesan

                     2.Rukkumani                         : Petitioner/Respondent Nos.2 and 3
                                                       Vs.
                     1.K.Ushananthini

                     2.R.Akshith Yhojan                   : Respondents /Petitioners


                     PRAYER: Civil Revision Petition is filed under Article 227 of
                     Constitution of India, to call for the records relating to the case in
                     D.V.C.No.3 of 2021 pending on the file of the learned Judicial
                     Magistrate, Aruppukkottai, Virudhunagar District.
                                     For Petitioners      : Mr.P.Gunasekaran
                                                       ORDER

The Civil Revision Petition has been filed seeking orders to quash

the proceedings in D.V.C.No.3 of 2021 pending on the file of the learned

Judicial Magistrate, Aruppukkottai, Virudhunagar District.

https://www.mhc.tn.gov.in/judis/ CRP PD(MD).No.907 of 2021

2.Admittedly, the first respondent is the wife of one Ramesh

Kumar, son of the revision petitioners herein.

3.The learned counsel for the revision petitioners would submit

that the entire allegations in the DVC complaint are bald and vague and

does not fulfil any of the conditions stipulated in Section 2 of Protection

of Women from Domestic Violence Act. He would further submit that the

respondents have used the provisions of the said Act as a sword only to

wreck vengeance against the in-laws. No doubt, the petitioners, as per the

judgment of this Court rendered by Hon'ble Mr.Justice.N.Anand

Venkatesh., in Crl.O.P.Nos.28458, 16411, 33643 of 2019 (Batch), have

filed the revision, by invoking the jurisdiction of this Court in Article 227

of Constitution of India. In the said judgment, Hon'ble Judge has laid

down certain guidelines and procedures to be followed /complied with by

the litigant and the Court, while dealing with the complaint initiated

under the Domestic Violence Act.

4.In the present case, the petitioners have not approached the

learned Magistrate as per the guidelines issued, but they have

https://www.mhc.tn.gov.in/judis/ CRP PD(MD).No.907 of 2021

straightaway approached this Court hurriedly. It is pertinent to note that

when there has been a patent perversity in the orders of the Tribunals and

Courts or where there has been a gross and manifest failure of justice or

the basic principles of natural justice have been flouted, High Court can

interfere in exercise of its power of superintendence under Article 227 of

the Constitution of India.

5.It is settled law that the High Court cannot, at the drop of a hat,

in exercise of its power of superintendence, under Article 227 of the

Constitution, interfere with the proceedings or orders of Tribunals and

Courts nor can it act as a Court of appeal. The existence of alternative

mode of redressal would operate as a restrain on the exercise of this

power by the High Court. To put it in short, the jurisdiction has to be very

sparingly exercised. In the case on hand, assuming for a moment, this

Court is not inclined to interfere with the proceedings of the trial Court, it

cannot be said that the same would result in miscarriage of justice.

Considering the above, this Court is not inclined to admit the Revision.

6.In the result, the Civil Revision Petition is dismissed and the

revision petitioners are at liberty to approach the learned Magistrate, as

https://www.mhc.tn.gov.in/judis/ CRP PD(MD).No.907 of 2021

per the guidelines issued in the judgment above referred. No costs.

Consequently, connected Miscellaneous Petitions are closed.

28.06.2021 Index : Yes/No Internet : Yes/No das

To

1.The Judicial Magistrate, Aruppukkottai, Virudhunagar District.

2.The Section Officer (VR Section) Madurai Bench of Madras High Court, Madurai.

Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis/ CRP PD(MD).No.907 of 2021

K.MURALI SHANKAR, J.

das

CRP PD(MD).No.907 of 2021

28.06.2021

https://www.mhc.tn.gov.in/judis/