Madras High Court
Kittu vs Santhiya on 16 July, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
C.R.P.(PD).(MD).No.1919 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.07.2025
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI
C.R.P.(PD).(MD).No.1919 of 2025
and
C.M.P.(MD)Nos.10891 and 10899 of 2025
1.Kittu
2.Jothi ...Petitioners
Vs.
1.Santhiya
2.Minor Vithur Varman ...Respondents
(Minor / second respondent represented through his mother / first respondent)
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, praying to call for the entire records pertaining to the petition in
D.V.O.P.No.7 of 2024 on the file of the learned Judicial Magistrate, Pattukottai,
Thanjavur District and strike off the same.
For Petitioners : Mr.S.Sathya Chidambaram
1/5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 05:04:10 pm )
C.R.P.(PD).(MD).No.1919 of 2025
ORDER
This petition has been filed seeking to strike off the petition in
D.V.O.P.No.7 of 2024 on the file of the Judicial Magistrate Court, Pattukottai,
Thanjavur District.
2. The petitioners herein are the second and third respondents in
D.V.C.No.7 of 2024, before the trial Court. The respondents herein have filed
D.V.C.No.7 of 2024, on the file of the Judicial Magistrate Court, Pattukottai,
Thanjavur District, under the provisions of the Protection of Women from
Domestic Violence Act.
3. The learned counsel appearing for the petitioners submits that the
petitioners are in-laws of the first respondent. 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 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 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.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 05:04:10 pm )
C.R.P.(PD).(MD).No.1919 of 2025
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
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 is 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.
16.07.2025
Internet:Yes/No
Index:Yes/No
TSG
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 05:04:10 pm )
C.R.P.(PD).(MD).No.1919 of 2025
To
1.The Judicial Magistrate, Pattukottai, Thanjavur District.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 05:04:10 pm )
C.R.P.(PD).(MD).No.1919 of 2025
M.DHANDAPANI, J.
TSG
C.R.P.(PD).(MD).No.1919 of 2025
16.07.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 05:04:10 pm )
