Shahul vs Shahin
2025 Latest Caselaw 671 Mad

Madras High Court

Shahul vs Shahin on 1 July, 2025

Author: M.Dhandapani

Bench: M.Dhandapani

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 01.07.2025

                                                          CORAM

                                  THE HON'BLE MR. JUSTICE M.DHANDAPANI

                                           C.R.P.(MD)No.1778 of 2025
                                                      and
                                        C.M.P.(MD).No.9675 & 9676 of 2025

                1.Shahul
                2.Isan @ Irfan                                                          ...Petitioners
                                                               Vs.


                1.Shahin
                2.A.R.Sadiq Batcha
                3.Abdul Muthalif
                4.Sabiya Beevi
                5.Sharmila
                6.Pavin Banu                                                            ...Respondents


                PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
                India, to call for the records relating to D.V.C.No.135 of 2023 on the file of the
                Additional Mahila Court, Trichy and strike off the same.


                                      For Petitioners         : Mr.P.Pandia Rajan
                                                         *****

                                                        ORDER

This petition has been filed seeking to quash the case in D.V.C.No.135 of

2023 on the file of the Additional Mahila Court, Trichy. https://www.mhc.tn.gov.in/judis

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2. Since no adverse orders are going to be passed against the respondents,

notice to the respondents is dispensed with.

3. The petitioners herein are respondents Nos.5 and 7 in D.V.C.No.135 of

2023 before the trial Court. The first respondent herein has filed D.V.C.No.135

of 2023 before the Additional Mahila Court, Trichy , under the provisions of the

Domestic Violence Act.

4.The learned counsel appearing for the petitioners would submit that the

petitioners are the husbands of the sister-in-laws of the first respondent. The

first respondent has initiated domestic violence proceedings against her

husband and her in-laws. He would further submit that continuation of the said

case would cause considerable hardship to the petitioners. It is also submitted

that the petitioners are no way connected with the allegations made by the first

respondent in the DVC case. Therefore, he prays that the petitioners be

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.

5.In view of the said submission made by the learned counsel for the

petitioners, the petitioners shall raise all the grounds as raised herein before the https://www.mhc.tn.gov.in/judis

( Uploaded on: 02/07/2025 06:29:07 pm ) trial court at the time of trial. Further, taking into consideration the request

made by the learned counsel for the petitioners, the appearance of the

petitioners 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 their appearance on those days. Further, this Court directs the petitioners

to represent the case through the counsel.

6. Accordingly, this Civil Revision Petition stands disposed of. No costs.

Consequently, connected miscellaneous petitions are closed.

01.07.2025

NCC:Yes/No Index:Yes/No ta

To:-

1.The Additional Mahila Court, Trichy.

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

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

( Uploaded on: 02/07/2025 06:29:07 pm ) M.DHANDAPANI, J.

ta

01.07.2025

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

( Uploaded on: 02/07/2025 06:29:07 pm )