Citation : 2025 Latest Caselaw 802 Mad
Judgement Date : 8 July, 2025
C.R.P.(MD)No.2645 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).[PD]No.2645 of 2024
and
C.M.P.(MD)Nos. 15189 & 15190 of 2024
1.N.Gopala Krishnan
2.G.Eswari
3.G.Kousalya Devi ...Petitioners
Vs.
1.Mohana Priya
2.G.Palanivel Rajan ...Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, praying to quash the proceedings in D.V.C.No.8 of 2024, on the file of
the Learned District Munsif cum Judicial Magistrate, Vedasandur, Dindigul
District.
For Petitioners : Mr.C.Prithiviraj
For Respondents : No Appearance
1/6
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C.R.P.(MD)No.2645 of 2024
ORDER
This petition has been filed seeking to quash the proceedings in
D.V.C.No.8 of 2024, on the file of the Learned District Munsif cum Judicial
Magistrate, Vedasandur, Dindigul District.
2.The petitioners herein are the respondents in D.V.C.No.8 of 2024,
before the trial Court. The first respondent herein has filed D.V.C.No.8 of
2024, before the learned District Munsif cum Judicial Magistrate, Vedasandur,
Dindigul 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.Inspite of issuance of notice, there is no representation for the
respondents. However, in view of the nature of the order which this Court is
going to pass, which in no way affects the respondents, representation on behalf
of the respondents is not necessary.
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 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 District Munsif cum, Judicial Magistrate, Vedasandur, Dindugal 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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