Madras High Court
Vinothini vs Shanthi on 14 July, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
C.R.P.(MD)No.652 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.652 of 2025
and
C.M.P.(MD)Nos.3517 & 3519 of 2025 of 2025
1.Vinothini
2.S.Veluchamy
3.Panchavarnam
4.V.Mani ...Petitioners/
Respondents No.1 to 4
Vs.
1.Shanthi
2.Minor Thangapetchi
3.Minor Thangameenakshi
(Respondents 2 & 3 represented by the first
respondent mother and natural
guardian) ...Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, praying to strike off the DVC proceedings initiated by the respondent in
D.V.C.No.4 of 2024, on the file of the Judicial Magistrate, Melur and allow the
above Civil Revision Petition.
1/6
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C.R.P.(MD)No.652 of 2025
For Petitioner : Mr.S.Ramasamy
For Respondent : M/s.S.Rajalakhsmi
ORDER
This petition has been filed seeking to strike off the DVC proceedings
initiated by the first respondent in D.V.C.No.4 of 2024, on the file of the
Judicial Magistrate, Melur
2.The petitioners herein are the respondents in D.V.C.No.4 of 2024,
before the trial Court. The respondent herein has filed D.V.C.No.4 of 2024,
before the learned Judicial Magistrate, Melur, under the provisions of the
Domestic Violence Act and BNSS, 2023.
3. The learned counsel appearing for the petitioners submits that the first
petitioner is the daughter-in-law of the first respondent and the petitioners 2 to 4
are the parents and brother of the first petitioner. The first respondent has
initiated domestic violence proceedings against her daughter-in-law and her
parents and her brother. 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 respondents submits that if this
Court is inclined to dispense with the appearance 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 are mandatory be
safeguarded so that the petitioners does not frustrate the trial proceedings by
dragging on the same to the detriment of the respondents.
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 are 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, the connected miscellaneous petition is
closed.
14.07.2025
Internet:Yes/No
Index:Yes/No
am
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To
1.The Judicial Magistrate,
Melur.
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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