[Cites 1, Cited by 0]
Madras High Court
R. Rahim Sait vs N. Nafiya on 21 April, 2026
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CRP No. 2452 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-04-2026
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRP No. 2452 of 2026
AND
CMP No. 10466 of 2026 & CMP No . 10468 of 2026
1. R. Rahim Sait
S/o. K.Rasul,
No.3, Indira Gandhi Nagar,
Begambur Post office,
Dindigul - 624002.
2. Jawahar Nisha
W/o. Rahim Sait,
No.3, Indira Gandhi Nagar,
Begambur Post office,
Dindigul - 624002.
3. Jabeen Nisha
W/o. Ziyaudeen,
No.15C, Vijaya Raja Homes,
Kolappakkam, Vandalur,
Chennai 127.
..Petitioner(s)
Vs
1. N. Nafiya
W/O. R.Rahman Sait,
No.2/331, Nilgiri Nagar,
Teachers Colony,
Mettupalayam,
Coimbatore - 641104.
Rep by her Power Agent / Mother
2. Rahman Sait
S/o. R. Rahim Sait,
No.35, Kadambari, 1st Floor,
Ellaiamman Colony Teynamept,
Chennai 086.
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CRP No. 2452 of 2026
..Respondent(s)
CMP No. 10466 of 2026
1. R. Rahim Sait
K.Rasul,
No.3, Indira Gandhi Nagar,
Begambur Post office,
Dindigul - 624002.
2. Jawahar Nisha
W/o. Rahim Sait,
No.3, Indira Gandhi Nagar,
Begambur Post office,
Dindigul - 624002.
3. Jabeen Nisha
W/o. Ziyaudeen,
No.15C, Vijaya Raja Homes,
Kolappakkam, Vandalur,
Chennai 127.
..Appellant(s)
Vs
1. N. Nafiya
W/O. R.Rahman Sait,
No.2/331, Nilgiri Nagar,
Teachers Colony,
Mettupalayam,
Coimbatore - 641104.
Rep by her Power Agent / Mother
2. Rahman Sait
S/o. R. Rahim Sait,
No.35, Kadambari, 1st Floor,
Ellaiamman Colony Teynamept,
Chennai 086.
..Respondent(s)
CMP No. 10468 of 2026
1. R. Rahim Sait
K.Rasul,
No.3, Indira Gandhi Nagar,
Begambur Post office, Dindigul - 624002.
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CRP No. 2452 of 2026
2. Jawahar Nisha
W/o. Rahim Sait,
No.3, Indira Gandhi Nagar,
Begambur Post office,
Dindigul - 624002.
3. Jabeen Nisha
W/o. Ziyaudeen,
No.15C, Vijaya Raja Homes,
Kolappakkam, Vandalur,
Chennai 127.
..Appellant(s)
Vs
1. N. Nafiya
W/O. R.Rahman Sait,
No.2/331, Nilgiri Nagar,
Teachers Colony,
Mettupalayam,
Coimbatore - 641104.
Rep by her Power Agent / Mother
2. Rahman Sait
S/o. R. Rahim Sait,
No.35, Kadambari, 1st Floor,
Ellaiamman Colony Teynamept,
Chennai 086.
..Respondent(s)
CRP No. 2452 of 2026
To call for records pertaining to DVA No.1/2026 pending on the
file of the Judicial Magistrate at Mettupalayam and strike out the Petitioners
name as the same is abuse process of Law by allowing the present CRP.
CMP No. 10466 of 2026
To stay the proceedings in connection with DVC No.1/2026 on the
file of the Judicial Magistrate at Mettupalayam.
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CRP No. 2452 of 2026
CMP No. 10468 of 2026
To dispense with the personal appearance of the Petitioners in
connection with DVC No.1/2026 on the file of the Judicial Magistrate at
Mettupalayam.
CRP No. 2452 of 2026
For Petitioner(s): Mr.C.Arun Kumar
For Respondent(s):
ORDER
Challenging the Domestic Violence Act proceedings in DVA No.1 of
2026 on the file of the Judicial Magistrate at Mettupalayam, which has been
initiated against the petitioners, the present Civil Revision petition has been
filed by in-laws.
2.When the matter is taken up today, the learned counsel for the petitioner
would submit that the 1st petitioner is the Father in law, 2nd petitioner is the
Mother-in-Law and 3rd petitioner is the Sister in law of the 2 nd respondent. The
1st respondent and 2nd respondent are the husband and wife respectively. Due to
matrimonial dispute between them, the 2nd respondent issued Talaq Notice dated
05.09.2025 and 01.11.2025. As a counterblast to the Talaq Notice, as on date,
even though the 2nd respondent is not in India and is temporarily working in
Dubai, she has filed the DVA No.1 of 2026 before the Trial Court representing
her mother through Power of Attorney seeking for protection, Shelter,
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maintenance, compensation, and arrest of the petitioners, without any material
evidence, with the intention to harass the petitioners and to tarnish their image.
3. It has been further submitted by the learned counsel for the petitioners
that the petitioners are residing separately without any connection with the 1 st
respondent and no domestic relationship or shared household ever existed
between the petitioners and 1st respondent as contemplated under Section 2(s) of
the Protection of Women from Domestic Violence Act, 2005. Hence, he seeks
the relief to dispense with the personal appearance of the petitioners in D.V.C.
No.1 of 2026 and stay all further proceedings pertaining to DVC No.1 of 2026
pending on the file of the Judicial Magistrate, at Mettupalayam.
4. Having considered the facts and circumstances of the case and
submissions made by the learned counsel for the petitioner, there shall be an
order of interim stay of proceedings pertaining to DVC No.1 of 2026 and
dispensed with is ordered for appearance of the petitioners before the Trial
Court till the disposal of the Civil Revision Petition.
5. Admit. Notice to the respondents returnable by 29.06.2026. Private
Notice is also permitted.
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T.V.THAMILSELVI J.
Lbm
6. Post the matter on 29.06.2026.
21-04-2026
Lbm
Note: Issue the order copy today (21.04.2026)
To
1. N. Nafiya
W/O. R.Rahman Sait,
No.2/331, Nilgiri Nagar,
Teachers Colony,
Mettupalayam,
Coimbatore – 641104.
Rep by her Power Agent / Mother
2. Rahman Sait
S/o. R. Rahim Sait,
No.35, Kadambari, 1st Floor,
Ellaiamman Colony Teynamept,
Chennai 086.
AND
CMP No. 10466 of 2026 & CMP No . 10468 of 2026
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