Petitioners sought quashing of domestic violence proceedings. The court held that nothing survives after the complainant's death but directed the lower court to pass appropriate orders upon receipt of the death certificate.
Directing the Judicial Magistrate-II, Pollachi to pass appropriate orders upon receiving the Death Certificate of Kalaiselvi.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2022
CORAM
THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.Nos.12299 & 12300 of 2016 and Crl.M.P.Nos.6330 & 6332 of 2016
... Petitioners in Crl.O.P.No.12299 of 2016
Manoharan
... Petitioner in Crl.O.P.No.12300 of 2016
Vs.
Kalaiselvi ... Respondent in both Crl.O.Ps.
COMMON PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C, to call for the records in D.V.A.No.8/2016, on the file of Judicial Magistrate No.II, Pollachi, Coimbatore District and quash the same.
For Appellants : Mr.C.Veeraraghavan For Respondent : Mr.Balaganesh For T.M.Hariharan.
COMMON ORDER
These Criminal Original Petitions have been filed to call for the records in D.V.A.C.No.8 of 2016 on the file of Judicial Magistrate-II, Pollachi, Coimbatore District.
that Kalaiselvi died on 28.11.2019.
Domestic Violence Act, 2005, 'aggrieved person' is woman, who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent. After the death of Kalaiselvi, it appears that nothing survives in D.V.A.C.No.8 of 2016.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
kmm
To
Crl.O.P.Nos.12299 & 12300 of 2016 and Crl.M.P.Nos.6330 & 6332 of 2016
GMR(CO) CT 29/04/2022
1 issue framed by the court
Whether the proceedings in the domestic violence case survive after the death of the complainant.
2 provisions across 2 enactments
S.M.K.Subbulakshmi and others
Kalaiselvi
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
