The Madurai Bench of the Madras High Court considered a Civil Revision Petition filed under Article 227 and a Criminal Revision Petition. The bench disposed of the matter by dispensing with the personal appearance of the third petitioner in the underlying District Magistrate proceedings.
Personal appearance of the third petitioner is dispensed with.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD) No.5987 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Ninth day of July Two Thousand and Twenty Two PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CMP(MD) No.5987 of 2022 and CRP(MD)No.1444 of 2022
1 RAJARATHINAM
2 ROJA
3 ARTHI ... PETITIONERS/PETITIONERS
Vs
1 JANANI
2 RISHWAN,(MINOR) (REPRESENTED BY HIS MOTHER /
1ST RESPONDENT) ... RESPONDENTS/RESPONDENTS
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to DISPENSE WITH THE personal appearance of the petitioners/Accused relating to the complaint in D.V.O.P. No. 1 of 2022 on the file of District Munsif Cum Judicial Magistrate, Peraiyur pending dispsoal above quash petition.
Prayer in CRP(MD). 1444/ 2022 :
Civil Revision Petition filed under Article 227 of The Constitution of India to set aside the complaint dated 27.12.2021 given under Domestic Violence Act in D.V.O.P. No. 1 of 2022 on the file of District Munsif Cum Judicial Magistrate, Peraiyur, with regard to petitioners concern and pass such further or other orders as this Honourable High Court deem and proper and allow this Civil Revision Petition.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.SATHISH KUMAR, Advocate for the petitioner, the court made the following order:-
Personal appearance of the third petitioner is also dispensed with.
sd/29/07/2022
/ TRUE COPY /
/08/2022
Sub-Assistant Registrar (C.S.)
Madurai Bench of Madras High Court, Madurai - 625 023.
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CMP(MD) No.5987 of 2022
TO
THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAIYUR, MADURAI DISTRICT.
ORDER
IN CMP(MD) No.5987 of 2022 and CRP(MD)No.1444 of 2022 Date :29/07/2022 RK/SVR/SAR-IV/03.08.2022/2P/2C
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2 issues framed by the court
Whether the personal appearance of the petitioners can be dispensed with in a case pending under the Domestic Violence Act.
Whether the High Court should entertain a Civil Revision Petition under Article 227 to quash a complaint under the Domestic Violence Act.
1 provisions across 1 enactments
RAJARATHINAM
ROJA
ARTHI
JANANI
RISHWAN
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
