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M.Sakthivel v. S.Kiruthika Vadivu

Madras HC15 Apr 2025CRP/1467/2022

Case brief

AI extract

What is this about?

Strike out petitioners' names from D.V.C.; D.V.C. No.12 of 2021; Sub Court / Subordinate Judge, Tiruchencode; domestic violence proceedings against in-laws; divorce decree in HMOP No.199 of 2020 dated 28.09.2022; remarriage of first respondent with second respondent; 'nothing survives for adjudication against the revision petitioners'; proceedings set aside; civil revision petition and connected C.M.P. No.7566 of 2022 closed; no costs; Article 227 Constitution of India; Madras High Court; Justice N.Senthilkumar; 15.04.2025.

What did the court decide?

Proceedings against the revision petitioners in D.V.C. No.12 of 2021 set aside; civil revision petition closed with no costs; connected C.M.P. No.7566 of 2022 closed. ¶24

M.Sakthivel Vs S.Kiruthika Vadivu — Writ and Judicial Review | Madras HC (2025)

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C.R.P. No.1467 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.04.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

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C.R.P. No.1467 of 2022 and C.M.P. No.7566 of 2022

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1.M.Sakthivel 2.S.Shanthi ... Petitioners

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1.S.Kiruthika Vadivu 2.S.Deepanvijay ... Respondents

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Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records pertaining to D.V.C. No.12 of 2021 pending on the file of learned Judicial Magistrate, Tiruchengode and strike out the petitioners name as the same is an abuse of process of law.

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For Petitioners : Mr.T.Balaji

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For Respondents : Mr.M.Damodarakrishnan for R1 Ms.Anisha Rani for R2

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O R D E R

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Page 1/4

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

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C.R.P. No.1467 of 2022

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The present civil revision petition is filed by the petitioners for striking

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out their names in D.V.C. No.12 of 2021 pending on the file of the learned Subordinate Judge, Tiruchencode. The first respondent herein has filed the above domestic violence case before the Sub Court, Tiruchencode, as against her husband, who was arrayed as the second respondent herein and her in-laws, namely the revision petitioners herein.

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The learned counsel appearing for the petitioners would contend that on 28.09.2022, divorce was granted by the learned Subordinate Judge, Tiruchencode in HMOP No.199 of 2020. The learned counsel further submitted that after the divorce, the first respondent, namely Kiruthika Vadivu and the second respondent Deepan Vijay, have got married as per their choice. The first respondent got married on 21.08.2023 and the second respondent got married on 21.10.2024. As the husband and wife, who were on the loggerheads, got divorce from the Sub Court, Tiruchencode and the present application is filed by the in-laws of the first respondent as against the domestic violence proceedings pending on the file of Sub Court, Tiruchencode, though the allegations are made against the husband and formal allegations are made

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_______ Page 2/4_

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

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C.R.P. No.1467 of 2022

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against the revision petitioners herein and when a decree divorce has been granted between the husband and wife, there is nothing survives for adjudication against the revision petitioners.

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Recording the same, the proceedings initiated as against the revision petitioners in D.V.C. No.12 of 2021 pending on the file of Sub Court, Tiruchencode, are set aside in the above terms and the civil revision petition is closed. No costs. Consequently, the connected civil miscellaneous petition is closed.

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15.04.2025

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Index : Yes / No Neutral Citation : Yes / No Asr

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The Subordinate Judge, Tiruchencode

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N.SENTHILKUMAR, J.

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_______ Page 3/4_

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