Madras High Court
T.Mohan vs M.Priya on 14 July, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
C.R.P.(MD)No.923 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.923 of 2025
and
C.M.P.(MD)Nos.4928 & 4929 of 2025
1.T.Mohan
2.K.Kala ...Petitioners
Vs.
1.M.Priya
2.Vadivu @ Vasuki ...Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, to call for the records of the proceedings in D.V.C.No.24 of 2023 on the
file of the Judicial Magistrate Court, Nilakottai and quash the same by allowing
the Civil Revision Petition.
For Petitioner : Mr.M.Kannan
For R1 : Mr.J.Jeevin
ORDER
This petition has been filed seeking to strike off the impugned
proceedings in D.V.C.No.24 of 2023, pending before the Judicial Magistrate
Court, Nilakottai.
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2.The petitioners herein are the respondents in D.V.C.No.24 of 2023,
before the trial Court. The first respondent herein has filed D.V.C.No.24 of
2023, before the Judicial Magistrate Court, Nilakottai, under the provisions of
the Domestic Violence Act and BNSS, 2023.
3.The learned counsel appearing for the petitioners submit that the first
petitioner is the husband of the first respondent and the second petitioner is the
sister-in-law of the first respondent. The first respondent has initiated domestic
violence proceedings against the petitioners. It is submitted that the petitioners
are in no way connected with the allegations made by the first respondent in the
DVC case and though the first petitioner is ready and willing to live with the
first respondent it is only the respondent who is not coming to live with him and
has initiated the present 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.Learned counsel appearing for the first respondent 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
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safeguarded so that the petitioners does not frustrate the trial proceedings by
dragging on the same to the detriment of the first respondent.
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 their to appear on those days.
6.Accordingly, this Civil Revision Petition stands dismissed. There shall
be no order as to costs. Consequently, the connected miscellaneous petitions
are closed.
14.07.2025
Internet:Yes/No
Index:Yes/No
am
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To
1.The Judicial Magistrate Court,
Nilakottai.
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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