Petition for dispensing with personal appearance of senior citizen petitioners suffering health issues in a Domestic Violence case pending before Madurai Judicial Magistrate while a Civil Revision Petition was pending.
Personal appearance of petitioners in D.V.No.36 of 2023 is dispensed with until further orders.
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.
C.M.P.(MD) No.15893 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Twenty Second day of November Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice BATTU DEVANAND
C.M.P.(MD) No.15893 of 2023 in C.R.P.(PD)(MD) No.3080 of 2023
1 KADER BATCHA
2 ZUNEITHA BEGUM
... PETITIONERS/PETITIONERS
Vs
1 FIROSE BANU
2 MINOR AHAMED AAYAN ... RESPONDENTS/RESPONDENTS
(REPRESENTED THROUGH HIS MOTHER AND GUARDIAN THE FIRST RESPONDENT)
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of dispensing with the personal appearance of the petitoners in the petition under Domestic Violence Act in D.V.No.36 of 2023 on the file of the Judicial Magistrate, Additional Mahila Court, Madurai pending dispoal of the CRP and thus render justice.
Prayer in CRP(MD). 3080/ 2023 :
Civil Revision Petition filed under Article 227 of the Constitution of India to call for records relating to the petition under Domestic Violence Act in D.V.No.36 of 2023 on the file of the Judicial Magistrate, Additional Mahila Court, Madurai and strike off
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C.M.P.(MD) No.15893 of 2023
the same so far as the petitioners / respondents are concerned and pass such other or further orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case and thus render justice.
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 MR.J.BARATHAN, Advocate for the petitioner , the court made the following order:-
Heard learned counsel for the petitioners and perused the material available on record.
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C.M.P.(MD) No.15893 of 2023
on the file of the Judicial Magistrate, Additional Mahila Court, Madurai, is dispensed with until further orders.
sd/22/11/2023
/ TRUE COPY /
22/11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
ABR
TO
THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, MADURAI.
ORDER IN CMP(MD) No.15893 of 2023 IN CRP(MD) No.3080 of 2023 Date :22/11/2023
RK (22/11/2023) 3P / 2C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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2 issues framed by the court
Whether to dispense with personal appearance of senior citizen petitioners with health issues in proceedings before the Magistrate
Whether to allow the Civil Revision Petition regarding the Domestic Violence petition by dispensing with appearance
1 KADER BATCHA
2 ZUNEITHA BEGUM
1 FIROSE BANU
2 MINOR AHAMED AAYAN
BATTU DEVANAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
