Citation : 2025 Latest Caselaw 924 Mad
Judgement Date : 14 July, 2025
C.R.P.(MD)No.880 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.880 of 2025
and
C.M.P.(MD)Nos.4721 & 4722 of 2025
1.Mr.Rengarajan
2.Mr.Baskaran
3.Mrs.Radha
4.Mr.Karthikraj
5.Mr.Sathish Raj @ Sathish Kumar ...Petitioners
Vs.
Mrs.Brinda @ Ishwariya ...Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, to call for the records pertaining to the complaint filed in D.V.C.No.
6/2025 on the file of the Judicial Magistrate, Sankarankovil and struck off the
same.
For Petitioners : Mr.M.Dinesh Hari Sudarsan
For Respondent : No appearance
ORDER
This petition has been filed seeking to strike off the impugned
proceedings in D.V.C.No.6/2025, on the file of the learned Judicial Magistrate,
Sankarankovil.
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2.The petitioners herein are the respondents in D.V.C.No.6 of 2025,
before the trial Court. The respondent herein has filed D.V.C.No.6 of 2025,
before the learned Judicial Magistrate, Sankarankovil, under the provisions of
the Domestic Violence Act and BNSS, 2023.
3.The learned counsel appearing for the petitioners submit that the
petitioners are husband and in-laws of the respondent. The 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 respondent in the DVC case and though the first petitioner 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. 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. Inspite of issuance of notice, there is no representation for the
respondent. However, in view of the nature of the order which this Court is
going to pass, which in no way affects the respondent, representation on behalf
of the respondent is not necessary.
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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.
6.Accordingly, this Civil Revision Petition stands disposed of. There
shall be no order as to costs. Consequently, connected miscellaneous petitions
are closed.
14.07.2025
Internet:Yes/No Index:Yes/No am
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To
1.The Judicial Magistrate, Sankarankovil.
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI, J.
am
14.07.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/07/2025 02:44:51 pm )
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