Madras High Court
Mohammed Salim vs Syedali Diwan Fathima on 9 July, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
C.R.P.(MD)No.2362 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:09.07.2025
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI
C.R.P.(MD)No.2362 of 2023
and
C.M.P.(MD)Nos.12100 & 12101 of 2023
Mohammed Salim ...Petitioner
Vs.
1.Syedali Diwan Fathima
2.Minor.Aynul Marliya
3.Mohammed Eesha
4.Ahmed Fathima
5.Naseema,
6.Thakeer Husain ...Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, praying to call for the records relating to the proceedings in D.V.C.No.11
of 2022, pending on the file of the Judicial Magistrate Court, Tenkasi and to
strike off the same.
For Petitioner : Mr.K.C.Maniyarasu
For Respondents 1 & 2 : Mr.R.J.Karthick
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/07/2025 07:21:55 pm )
C.R.P.(MD)No.2362 of 2023
ORDER
This petition has been filed seeking to strike off the impugned
proceedings in D.V.C.No.11 of 2022, pending on the file of the Judicial
Magistrate Court, Tenkasi.
2.The petitioner herein is the first respondent in D.V.C.No.11 of 2022,
before the trial Court. The first respondent herein has filed D.V.C.No.11 of
2022, before the Judicial Magistrate Court, Tenkasi, under the provisions of the
Domestic Violence Act and BNSS, 2023.
3.The learned counsel appearing for the petitioner submits that he is the
husband of the respondent. The first respondent has initiated domestic violence
proceedings against him and her in-laws. 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 he is ready and willing to live with the respondent it is only the
respondent who is not coming to live with him and has initiated the present
case. Further, the petitioner himself agreed to pay the interim maintenance of
Rs.5000/- ordered by the trial Court to maintain his minor child. Therefore, he
prays that the petitioner may be permitted to raise all the grounds mentioned
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/07/2025 07:21:55 pm )
herein before the trial court. He also requests this Court to dispense with his
personal appearance before the trial court.
4.Learned counsel appearing for the respondents 1 & 2 submits that if
this Court is inclined to dispense with the appearance of the petitioner, this
Court may impose requisite conditions to see to it that the presence of the
petitioner at the times, during which the presence of the petitioner is mandatory
be safeguarded so that the petitioner does not frustrate the trial proceedings by
dragging on the same to the detriment of the respondents 1 & 2.
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.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/07/2025 07:21:55 pm )
6.Accordingly, this Civil Revision Petition stands dismissed. There shall
be no order as to costs. Consequently, connected miscellaneous petitions are
closed.
09.07.2025
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 Court,
Tenkasi.
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
09.07.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/07/2025 07:21:55 pm )
