Mother-in-law sought quashing of a Domestic Violence Case against her, alleging no averments in the complaint. The High Court found specific allegations of mental cruelty on the face of the complaint, refused to quash, but dispensed with her personal appearance except at essential hearings, and dismissed the revision.
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.R.P.(PD).No.1052 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2024
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
C.R.P.(PD).No.1052 of 2022 and C.M.P.No.5395 of 2022
Saraswathi
... Petitioner
Vs
1.P.R.Janani
2.V.Chandrasekaran ... Respondents
Prayer : Revision filed under Section 227 of the Code of Civil Procedure praying to set aside the proceedings made in D.V.C.No.63 of 2021 on the
file of the Judicial Magistrate, Additional Mahila Court, Salem.
For Petitioner : Mr.N.Chinnaraj
For Respondents : Mr.S.Bala Ganesh
O R D E R
The petitioner is the 2nd respondent in D.V.C.No.63 of 2021. She is
the mother-in-law of the 1st respondent. The 2nd respondent is her son and
the husband of the 1st respondent.
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C.R.P.(PD).No.1052 of 2022
2021 on the ground that she is a permanent resident of Sellampalayam, whereas the wife and husband have set up their matrimonial home at Punjaipuliampatti.
petitioner, who is about 60 years old, I am inclined to dispense the appearance of the civil revision petitioner in DVC.No.63 of 2021 pending https://www.mhc.tn.gov.in/judis 2/4
C.R.P.(PD).No.1052 of 2022
on the file of the Judicial Magistrate-cum-Additional Mahila Court at Salem. For all the non-essential hearings, the civil revision petitioner will be represented by a counsel. For essential hearings, she shall appear in person.
6 . With the above directions, the Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.
17.04.2024
Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No
Sgl To
The Judicial Magistrate-cumAdditional Mahila Court, Salem.
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C.R.P.(PD).No.1052 of 2022
V. LAKSHMINARAYANAN, J.
Sgl
C.R.P.(PD).No.1052 of 2022
17.04.2024
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2 issues framed by the court
Whether DVC proceedings against the mother-in-law should be quashed for lack of allegations against her.
Whether her personal appearance before the Magistrate could be dispensed with.
1 provisions across 1 enactments
Saraswathi
P.R.Janani
V.Chandrasekaran
V. Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
