Madras High Court
Shyla vs S.Sumithra on 14 July, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
C.R.P.(MD)No. 1442 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.(MD)No.1442 of 2025
and
C.M.P.(MD)No.7350 of 2025
1.Shyla
2.Ruby
3.Sahaya Vijayakumar
4.Papa Rani
5.Sumathra @ Ruthu ...Petitioners
Vs.
1.S.Sumithra
2.T.S.Angel Plessy
3.T.S.Angelin Stephy
4.Titus
5.Devadhas ...Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, praying to Strike out the petitioners name in D.V.C.No.1/2020, on the file
of the Judicial Magistrate No.II Nagercoil, Kanyakumari District.
For Petitioners : Mr.N.S.Ramakrishna Dass
For Respondents : No appearance
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/07/2025 10:36:46 am )
C.R.P.(MD)No. 1442 of 2025
ORDER
This petition has been filed seeking to strike out the petitioners' name in
D.V.C.No.1/2020, on the file of the Judicial Magistrate No.II Nagercoil,
Kanyakumari District.
2.The petitioners herein are the respondents 2 to 6 in D.V.C.No.1 of
2020, before the trial Court. The first respondent herein has filed D.V.C.No.1
of 2020, before the Judicial Magistrate No.II Nagercoil, Kanyakumari District,
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
appearances before the trial court.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/07/2025 10:36:46 am )
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
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
appearances before the trial court are 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.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/07/2025 10:36:46 am )
6.Accordingly, this Civil Revision Petition stands disposed of. There
shall be no order as to costs. Consequently, the connected miscellaneous
petition is closed.
14.07.2025
Internet:Yes/No
Index:Yes/No
MR
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/07/2025 10:36:46 am )
To
1.The Judicial Magistrate No.II Nagercoil,
Kanyakumari District
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/07/2025 10:36:46 am )
M.DHANDAPANI, J.
MR
14.07.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/07/2025 10:36:46 am )
