Citation : 2025 Latest Caselaw 5531 Mad
Judgement Date : 25 August, 2025
C.R.P.(MD)No.2326 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.08.2025
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI
C.R.P.(MD)No.2326 of 2025
and
C.M.P.(MD)No.13936 of 2025
1.Manikandan
2.Jayalakshmi
3.Priya
4.Ramesh ...Petitioners
Vs.
Saranya ...Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, praying to strike off the petition in D.V.C.No.4 of 2022 on the file of the
Judicial Magistrate Court, Periyakulam, Theni District.
For Petitioners : Mr.J.Yogeswaran
1/6
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C.R.P.(MD)No.2326 of 2025
ORDER
This petition has been filed seeking to strike off the petition in D.V.C.No.
4 of 2022 on the file of the Judicial Magistrate Court, Periyakulam, Theni
District.
2. The petitioners herein are respondents in D.V.C.No.4 of 2022, before
the trial Court. The respondent herein has filed D.V.C.No.4 of 2022, before the
trial Court under the provisions of the Domestic Violence Act.
3. The learned counsel appearing for the petitioners submits that the first
petitioner is the husband of the respondent. The second petitioner is the mother-
in-law and the third petitioner is the sister-in-law of the respondent. The fourth
petitioner is the husband of the third petitioner. The respondent has initiated
domestic violence proceedings against the petitioners. It is submitted that the
petitioners are in no way connected with the allegations made by the respondent
in the DVC case and though the first petitioner is ready and willing to live with
the respondent, it is only the respondent who is not coming to live with him and
has initiated the present case. Therefore, he prays that the petitioners may be
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permitted to raise all the grounds mentioned herein before the trial court. He
also requests this Court to dispense with their personal appearance before the
trial court.
4. Since no adverse orders are going to be passed against the respondent,
notice to the respondent is dispensed with.
5. This Court, taking into consideration the submission made by the
learned counsel for the petitioners, permits the petitioners to raise all the
grounds as raised herein before the trial court at the time of trial. Taking into
consideration the request made by the learned counsel for the petitioners, their
appearance before the trial court is dispensed with except for their appearance
for the purpose of receiving the copy of the proceedings u/s 230 of BNSS,
framing of charges, questioning under Section 351 of BNSS and on the day on
which judgment is to be pronounced. However, if for any particular reason, the
presence of the petitioners is necessary, the trial court, at its wisdom, shall
direct them to appear on those days.
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6. Accordingly, this Civil Revision Petition stands disposed of. There
shall be no order as to costs. Consequently, connected miscellaneous petition is
closed.
25.08.2025
Internet:Yes/No Index:Yes/No TSG
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To
1.The Judicial Magistrate Court, Periyakulam, Theni District.
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI, J.
TSG
25.08.2025
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