Thirumal Gandhi vs Vasanthi
2025 Latest Caselaw 7461 Mad

Madras High Court

Thirumal Gandhi vs Vasanthi on 25 September, 2025

                                                                                            CRP.No.142120 of 2025


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 25.09.2025

                                                         CORAM :

                                     THE HON'BLE MR.JUSTICE P.B.BALAJI

                                                CRP.No.142120 of 2025
                    1.Thirumal Gandhi
                    2.Madhammal
                    3.Indhumathi                                   ...               Petitioners
                                                                   Vs.
                    Vasanthi                                       ...               Respondent


                    PRAYER : The Civil Revision Petition has been filed under Article 227
                    of the Constitution of India against the order dated 24.09.2024 made in
                    Crl.R.C.No.01 of 2024 on the file of the Principal Sessions Court,
                    Dharmapuri confirming the order dated 07.11.2023 made in M.C.No.03 of
                    2011 on the file of the Additional Mahila (Magisterial Level),
                    Dharmapuri.


                                    For Petitioners                ...      Mr.C.Munusamy

                                                           ORDER

The civil revision petition has been listed before this Court under

the caption "for maintainability".

2.I have heard Mr.C.Munusamy, learned counsel appearing for the

petitioners.

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3.Mr.Munusamy, learned counsel for the petitioners states that as it

is the domestic violence proceedings, the petitioners had preferred

Crl.R.C.No.1 of 2024 challenging the same. A Criminal Original petition

was also filed before this Court in Crl.O.P.No.16331 of 2025 and by

order dated 10.06.2025, the said Criminal Original Petition came to be

dismissed as not maintainable.

4.Further, Mr.Munusamy, learned counsel for the petitioner

contends that the revision is maintainable and relies on the Full Bench

decision of this Court in Arul Daniel Vs. Suganya's case reported in 2022

SCC Online Mad. 5435 dated 17.11.2022.

5.I have carefully considered the submissions advanced by

Mr.Munusamy, learned counsel for the petitioner. The judgment of the

Hon'ble Supreme Court in Shaurabh Kumar Tripathi Vs.

Vidhi Rawal's case reported in 2025 SCC online SC 1158 dealt only

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with the maintainability of challenge under Section 482 of the Criminal

Procedure Code and the Hon'ble Supreme Court has not laid down the law

or proposition that a revision under Article 227 revision is not

maintainable. Further, the Full Bench decision in Arul Danie's case has

also not been set aside till date.

6.In view of the above, the civil revision petition under Article 227

is maintainable.

7.Registry is directed to number the civil revision petition and post

the same on 26.09.2025 for admission.

                    Index : Yes/No
                    Internet: Yes/No
                    sms                                                                   25.09.2025








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                                                                               P.B.BALAJI,J.,



                                                                                              sms









                                                                                     25.09.2025

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