Madras High Court
Rubina vs J.Mansha on 14 July, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
C.R.P.(MD)No.694 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.07.2025
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI
C.R.P.[PD].(MD)No.694 of 2025
and
C.M.P.(MD)Nos.3685 & 3687 of 2025
1.Rubina
2.V.Sivakumar ...Petitioners/Respondents 4 & 5
Vs.
1.J.Mansha
2.A.Sanjai
3.Anthony
4.Lalitha ...Respondents 2 to 4/
(No relief is claimed against the Respondents 1 to 3
the respondents 2 to 4 hence
notice may be dispensed with)
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, to strike off the DVC proceedings initiated by the first respondent in
D.V.C.No.1 of 2023, on the file of the Additional Mahila Court (Magistrate
Level) Nagercoil, Kanyakumari District and allow the above Civil Revision
Petition.
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C.R.P.(MD)No.694 of 2025
For Petitioners : Mr.S.Ramasamy
For R1 : M/s.N.Vijayalakshmi
ORDER
This petition has been filed seeking to strike off the impugned
proceedings in D.V.C.No.1 of 2023, pending before the Additional Mahila
Court (Magistrate Level) Nagercoil, Kanyakumari District.
2.The petitioners herein are the respondents 4 & 5 in D.V.C.No.1 of
2023, before the trial Court. The first respondent herein has filed D.V.C.No.1 of
2023, before the Additional Mahila Court (Magistrate Level) Nagercoil,
Kanyakumari District, under the provisions of the Domestic Violence Act and
BNSS, 2023.
3. The learned counsel appearing for the petitioners would submit that the
first petitioner is the sister-in-law of the first respondent and the second
petitioner is the husband of the first petitioner. Aggrieved against the
D.V.C.No.1 of 2023 filed by the first respondent against the petitioners, the
present Civil Revision Petition has been filed.
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4. The learned counsel for the petitioners would submit that the marriage
of the first respondent and her husband was solemnized on 21.10.2020 at
St.Panimaya Matha Church, Asaripallam as per the Christian Rites and
Customs. The first respondent claimed that at the time of marriage her parents
have given 30 sovereigns of gold jewels, cash of Rs.2,00,000/- and Sridhana
articles which is worth about Rs.3,00,000/-. Out of wedlock, they blessed with
male child. Thereafter, the first respondent filed D.V.C.No.1 of 2023 against
her husband and her in-laws. Though she made some allegations against the
petitioners, the second petitioner is the husband of the sister-in-law of the first
respondent, the petitioner has made some general allegations against the second
petitioner. On the basis of the general allegations, the second petitioner need
not be faced the trial. Accordingly, he prays for quashing the DVC case in
favour of the second petitioner.
5. Considering the facts and circumstances of the case and also
considering the fact that the second petitioner is the husband of the first
petitioner and he is no way connected with the allegations made against him,
this Court is inclined to quash the D.V.C.No.1 of 2023 in respect of the second
petitioner. Accordingly, D.V.C.No.1 of 2023 as against the second petitioner is
quashed.
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6. In respect of the first petitioner, the learned counsel appearing for the
petitioner submits that she is the sister-in-law of the first respondent. The first
respondent has initiated domestic violence proceedings against her husband and
her in-laws. It is submitted that the first petitioner is in no way connected with
the allegations made by the first respondent in the DVC case and though her
husband is ready and willing to live with the first respondent it is only the first
respondent who is not coming to live with him and has initiated the present
case. Therefore, he prays that the first petitioner may be permitted to raise all
the grounds mentioned herein before the trial court. He also requests this Court
to dispense with her personal appearance before the trial court.
7. Learned counsel appearing for the first respondent submits that if this
Court is inclined to dispense with the appearance of the first petitioner, this
Court may impose requisite conditions to see to it that the presence of the first
petitioner at the times, during which the presence of the first petitioner is
mandatory be safeguarded so that the first petitioner does not frustrate the trial
proceedings by dragging on the same to the detriment of the first respondent.
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8.This Court, taking into consideration the submission made by the
learned counsel for the petitioner, permits the first 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 petitioners, her
appearance before the trial court is dispensed with except for her 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 first petitioner is necessary, the trial court, at its wisdom, shall
direct him to appear on those days.
9.Accordingly, this Civil Revision Petition is allowed with regard to the
second petitioner and the Civil Revision Petition is dismissed with regard to the
first petitioner. There shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
14.07.2025
Internet:Yes/No
Index:Yes/No
am
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To
1.The Additional Mahila Court (Magistrate Level)
Nagercoil, Kanyakumari District
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
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M.DHANDAPANI, J.
am
14.07.2025
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