Dismissed

Mr. Subramanian @ Ganesh v. Lavanya

Madras HC27 Mar 2024CRP/1165/2024

Case brief

AI extract

What is this about?

Petitioner's application to set aside an exparte domestic violence court order was dismissed for default; he sought relief under Article 227 instead of seeking restoration before the Magistrate. The Court noted proceedings under the Domestic Violence Act are civil in nature and dismissed the revision with liberty to seek restoration.

What did the court decide?

Revision petition dismissed without costs; petitioner given liberty to file restoration application before the Magistrate.

Mr. Subramanian @ Ganesh Vs Lavanya — Domestic Violence | Madras HC (2024)

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C.R.P.(PD).No.1165 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.03.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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C.R.P.(PD).No.1165 of 2024

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Subramanian @ Ganesh ... Petitioner

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Lavanya ... Respondent

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Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the order passed by the XVIII Metropolitan Magistrate Court at Saidapet arising out in Crl. M.P.No.7335 of 2022 in DVC No.117 of 2017 dated 18.11.2022 and to allow the petitioner Accused to prove his case with all necessary evidences and witnesses.

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For Petitioner : Mr.T.R.Prabhakaran

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

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C.R.P.(PD).No.1165 of 2024

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ORDER

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The Civil Revision Petition is filed challenging the order passed by the XVIII Metropolitan Magistrate Court, Saidapet, Chennai dismissing the petition filed by the petitioner in Crl.M.P.No.7335 of 2022 to set aside the exparte order passed against him in D.V.C.No.117 of 2017.

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The petition filed by the petitioner to set aside the exparte order passed against him in Crl.M.P.No.7335 of 2022 was dismissed for default of the petitioner. The nature of proceedings before Magistrate Court under Sections 18, 20 and 22 of Domestic Violence Act is civil in nature and hence, if the petition is dismissed for default, it is open to the petitioner to file appropriate application before the concerned Magistrate for restoration of the same. Instead of availing the effective alternative remedy available to the petitioner before the Court below, the petitioner herein rushed to this Court by invoking the supervisory jurisdiction of this Court.

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In view of the availability of effective alternative remedy before the

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

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C.R.P.(PD).No.1165 of 2024

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Court below, this Court is not inclined to entertain the civil revision petition.

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Accordingly, the Civil Revision Petition is dismissed with liberty to

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petitioner to file appropriate application before the concerned Magistrate for restoration of the application, which was dismissed for default. No costs.

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27.03.2024

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Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No dm

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The XVIII Metropolitan Magistrate Court, Saidapet.

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

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C.R.P.(PD).No.1165 of 2024

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S.SOUNTHAR, J.

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C.R.P.(PD).No.1165 of 2024

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27.03.2024

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

Mr. Subramanian @ Ganesh v. Lavanya

Case brief

What is this about?

What did the court decide?

Mr. Subramanian @ Ganesh v. Lavanya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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