Madras High Court
Lakshmanan vs Sharmila on 25 August, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
C.R.P.(MD)No.2322 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.2322 of 2025
and
C.M.P.(MD)Nos.13910 and 13912 of 2025
Lakshmanan ...Petitioner
Vs.
1.Sharmila
Saraswathi (Died)
2.Latha ...Respondents
(second respondent deleted by the Judicial Magistrate Court, Nilakottai)
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, praying to strike off the complaint in D.V.C.No.10 of 2023 on the file of
the learned Judicial Magistrate, Nilakottai.
For Petitioner : Mr.G.Vishnuram
1/5
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C.R.P.(MD)No.2322 of 2025
ORDER
This petition has been filed seeking to strike off the complaint in
D.V.C.No.10 of 2023 on the file of the learned Judicial Magistrate, Nilakottai.
2. The petitioner herein is the first respondent in D.V.C.No.10 of 2023,
before the trial Court. The first respondent herein has filed D.V.C.No.10 of
2023, before the trial Court under the provisions of the Domestic Violence Act.
3. The learned counsel appearing for the petitioner submits that the
petitioner is the husband of the first respondent. The first respondent has
initiated domestic violence proceedings against the petitioner. It is submitted
that the petitioner is in no way connected with the allegations made by the first
respondent in the DVC case and though the petitioner is ready and willing to
live with the first respondent, it is only the first respondent who is not coming
to live with him and has initiated the present case. Therefore, he prays that the
petitioner may be permitted to raise all the grounds mentioned herein before the
trial court. He also requests this Court to dispense with his personal appearance
before the trial court.
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4. Since no adverse orders are going to be passed against the respondents,
notice to the respondents is dispensed with.
5. This Court, taking into consideration the submission made by the
learned counsel for the petitioner, permits the petitioner 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 petitioner, his
appearance before the trial court is dispensed with except for his 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 petitioner is necessary, the trial court, at its wisdom, shall direct
him to appear on those days.
6. Accordingly, this Civil Revision Petition stands disposed of. There
shall be no order as to costs. Consequently, connected miscellaneous petitions
are closed.
25.08.2025
Internet:Yes/No
Index:Yes/No
TSG
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To
1.The Judicial Magistrate Court, Nilakottai.
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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