Madras High Court
M.Kaliyamoorthi vs Sharmila on 8 July, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
C.R.P.(MD)No.2632 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2025
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI
C.R.P.(MD)No.2632 of 2024
and
C.M.P.(MD)Nos.15147 & 15148 of 2024
1.M.Kaliyamoorthi
2.K.Kalavathi
3.K.Pandian ...Petitioners
Vs.
1.Sharmila
2.Manikandan ...Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, praying to call for the records and Strike Off the proceedings/Petition in
D.V.C.No.13 of 2024 on the file of the Judicial Magistrate of Thiruvaiyaar,
Thanjavur District.
For Petitioners : Mr.A.Mathan
For Respondent No.1 : Mr.R.V.Rajkumar
For Respondent No.2 : No appearance
1/6
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C.R.P.(MD)No.2632 of 2024
ORDER
This petition has been filed seeking to strike off the impugned
proceedings in D.V.C.No.13 of 2024 on the file of the Judicial Magistrate,
Thiruvaiyaar, Thanjavur District.
2.The petitioners herein are the respondents in D.V.C.No.13 of 2024,
before the trial Court. The first respondent herein has filed D.V.C.No.13 of
2024, before the Judicial Magistrate, Thiruvaiyaar, Thanjavur District, under the
provisions of the Domestic Violence Act and BNSS, 2023.
3.The learned counsel appearing for the petitioners submits that the first
respondent has initiated domestic violence proceedings against her husband and
her in-laws. It is submitted that the petitioners are in no way connected with the
allegations made by the first respondent in the DVC case. Therefore, he prays
that the petitioners may 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.
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4.Learned counsel appearing for the first respondent submits that if this
Court is inclined to dispense with the appearances of the petitioners, this Court
may impose requisite conditions to see to it that the presence of the petitioners
at the times, during which the presence of the petitioners is mandatory be
safeguarded so that the petitioners do not frustrate the trial proceedings by
dragging on the same to the detriment of the first respondent.
5.This Court, taking into consideration the submission made by the
learned counsel for the petitioner, 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 dismissed. There shall
be no order as to costs. Consequently, connected miscellaneous petitions are
closed.
08.07.2025
Internet:Yes/No
Index:Yes/No
MR
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To
1.The Judicial Magistrate,
Thiruvaiyaar,
Thanjavur District.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
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M.DHANDAPANI, J.
MR
08.07.2025
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