Rasathi vs Malar
2025 Latest Caselaw 803 Mad

Madras High Court

Rasathi vs Malar on 8 July, 2025

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                                       C.R.P.(MD)No.2696 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.[PD](MD)No.2696 of 2024
                                                             and
                                    C.M.P.(MD)Nos.15411 & 15412 of 2024


                1.Rasathi
                2.Rajkumar                                                                   ...Petitioners

                                                              Vs.

                1.Malar
                2.Minor.K.Dinesh
                3.Karthikeyan                                                                ...Respondents



                PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of

                India, praying to call for the records in D.V.C.No.12 of 2024, on the file of the

                learned Judicial Magistrate, Devakottai and to set aside the same so far as the

                petitioners are concerned.



                                    For Petitioners          : Mr.R.Prasanna
                                    For Respondents           : No Appearance

                1/5



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 10/07/2025 07:21:55 pm )
                                                                                        C.R.P.(MD)No.2696 of 2024


                                                        ORDER

This petition has been filed seeking to quash the impugned proceedings

in D.V.C.No.12 of 2024, on the file of the learned Judicial Magistrate,

Devakottai.

2.The petitioners herein are the respondents in D.V.C.No.12 of 2024,

before the trial Court. The first respondent herein has filed D.V.C.No.12 of

2024, before the learned Judicial Magistrate, Devakottai, 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.

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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/07/2025 07:21:55 pm )

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.

6.Accordingly, this Civil Revision Petition stands disposed of. There

shall be no order as to costs. Consequently, connected miscellaneous petitions

are closed.

08.07.2025

Internet:Yes/No Index:Yes/No MR

https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/07/2025 07:21:55 pm )

To

1.The Judicial Magistrate, Devakottai

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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/07/2025 07:21:55 pm )

M.DHANDAPANI, J.

MR

08.07.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/07/2025 07:21:55 pm )