Chandra v. B.S. Sindhuja
Case brief
What is this about?
Revision petition challenging Domestic Violence proceedings which requested quashing based on jurisdictional flaws and demands for personal appearance, partly allowed regarding appearance requirements and dismissed regarding quashing.
What did the court decide?
Quashing of proceedings dismissed; personal appearance of petitioners directed to be insisted upon only when absolutely necessary.
What the court decided
C.R.P. (PD) No.2101 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.09.2021
CORAM
THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN
CRP. (PD) No.2101 of 2021
and C.M.P.No.15978 of 2021
1.Chandra
2.Sampath ... Petitioners
Vs.
1.B.S.Sindhuja
2. S.Rajkannan ... Respondents
Civil Revision Petition is filed under Article 227 Constitution of India to
call for the records relating to the D.V.C.No.10 of 2021 pending on the file of the learned District Munsif Cum Judicial Magistrate Court, Thandarampattu and quash the same.
For Petitioners : Mr. V.S.Senthilkumar
***
O R D E R
This petition is filed to quash the proceedings against D.V.C.No.10 of
Issues for consideration
2 issues framed by the court
Whether the filing of a complaint before a Magistrate Court based on a residence certificate is an illegal act warranting quashing.
Whether personal appearance of petitioners (who are not accused) is necessary on each hearing in a Domestic Violence proceeding.
Parties & counsel
- petitioner
Chandra
- petitioner
Sampath
- respondent
B.S.Sindhuja
- respondent
S.Rajkannan
Coram
Case details
As recorded by the court registry
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