Dismissed

R.Thirunavukkarasu v. v.Saranya

Madras HC26 Mar 2024CRP/1133/2024

Case brief

AI extract

What is this about?

The Madras High Court dismissed a Civil Revision Petition under Article 227 seeking to quash a domestic violence complaint, directing petitioners to raise jurisdictional maintainability issues before the Magistrate instead, per Full Bench precedents.

What did the court decide?

Petitioners granted liberty to raise jurisdictional and maintainability issues before the concerned Magistrate; Civil Revision Petition dismissed.

R.Thirunavukkarasu Vs v.Saranya — Domestic Violence | Madras HC (2024)

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C.R.P.No.1133 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.03.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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CRP.No.1133 of 2024 and C.M.P.No.5878 of 2024

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1.R.Thirunavukkarasu 2.Rani ... Petitioners Vs. 1.V.Saranya 2.T.Karthik ...Respondents

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PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to quash the petition filed in D.V.C.No.58 of 2023 pending on the file of the learned IX Metropolitan Magistrate Court at Saidapet.

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For Petitioner :M/s.N.Kalidoss

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https://www.mhc.tn.gov.in/judis

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C.R.P.No.1133 of 2024

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ORDER

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The Civil Revision Petition is filed seeking to quash the complaint filed

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by the 1^st respondent under Domestic Violence Act in D.V.C.No.58 of 2023

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pending on the file of learned IX Metropolitan Magistrate, Saidapet.

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The petitioners are parents-in-law of 1^st respondent. The 2^nd

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respondent is the son of petitioners and he got married the 1^st respondent. According to the petitioners, the 1^st respondent has not suffered any domestic violence and the present complaint filed by her in D.V.C.No.58 of 2023 is not at all maintainable in the absence of any domestic violence involving her.

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The Full Bench of this Court in the case of Arul Daniel vs. Suganya

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reported in (2022) 4 MLJ (Crl) 561 , while considering the maintainability of the Civil Revision Petition under Article 227 of Constitution of India challenging the initiation of proceedings under Domestic Violence Act observed as follows:-

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“76. ... ... ... ... vii. As there is no issuance of process as contemplated under Section 204, Cr.P.C in a proceeding under

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https://www.mhc.tn.gov.in/judis

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C.R.P.No.1133 of 2024

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the D.V Act, the principle laid down in Adalat Prasad v Rooplal Jindal (2004 7 SCC 338) that a process, under Section 204, Cr.P.C, once issued cannot be reviewed or recalled, will not apply to a proceeding under the D.V Act. Consequently, it would be open to an aggrieved respondent(s) to approach the Magistrate and raise the issue of maintainability and other preliminary issues. Issues like the existence of a shared household/domestic relationship etc., which form the jurisdictional basis for entertaining an application under Section 12, can be determined as a preliminary issue, in appropriate cases. Any person aggrieved by such an order may also take recourse to an appeal under Section 29 of the D.V Act for effective redress (See V.K Vijayalekshmi Amma v Bindu. V., (2010) 87 AIC 367). This would stem the deluge of petitions challenging the maintainability of an application under Section 12 of the D.V Act, at the threshold before this Court under Article 227 of the Constitution.”

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In view of the law laid down by the Full Bench of this Court in the

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above mentioned case law, it is for the petitioners to approach the very same Magistrate and raise all jurisdictional and maintainability issues.

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https://www.mhc.tn.gov.in/judis

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C.R.P.No.1133 of 2024

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In view of the same, this Civil Revision Petition is dismissed with

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liberty to the petitioners to raise all the points raised by them in this revision before the concerned Magistrate. No costs. Consequently, the connected civil miscellaneous petition is closed.

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26.03.2024

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Index : Yes / No Internet : Yes / No nr To The IX Metropolitan Magistrate Court, Saidapet.

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https://www.mhc.tn.gov.in/judis

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C.R.P.No.1133 of 2024

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S.SOUNTHAR , J.