G.Usha Vs P.Sindhu

PRAYER:- Civil Revision Petition filed Article 227 of Constitution of India, pleased to striking of the complaint filed by the respondent in D.V.C.No.14 of 2023 on the file of the Judicial Magistrate Court, Ambattur.

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For Petitioner(s): Mr.A.Thiyagarajan,Senior counsel for M/s.A.Vinupradha For Respondent(s): M/s.M.Jaikumar For R1

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

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CRP No. 2134 of 2023

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ORDER

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The Civil Revision petition has been filed seeking to striking of the complaint preferred by the 1^st respondent under the provisions of Domestic Violence Act.

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2.The learned counsel for the petitioners would submit that the first petitioner is the mother-in-law, second and fourth petitioners are the sisters-inlaw and the third petitioner is the husband of the second petitioner. It is further stated that the respondents all along lived in United States of America. After marriage the petitioners never shared household with the first respondent.

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The Full Bench of this Court in the case of Arul Daniel and Others Versus Suganya reported in (2022) SCC Online Mad 5435 held that any person aggrieved by the process issued by the Magistrate can go before the very same Magistrate and raise preliminary objections with regard to the issues like existence of a shared household/ domestic relationship etc., If any order is passed, the aggrieved person can also take recourse to an appeal under Section 29 of the Domestic Violence Act. The relevant portion reads as follows:-

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

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

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CRP No. 2134 of 2023

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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 availability of alternative remedy before Magistrate, as held by Full Bench in Arul Daniel case, this Court is not inclined to exercise supervisory power under Article 227 of the Constitution of India. Further, the Hon'ble Apex Court in the case of Virudhunagar Nadargal Dharma Paripalana Shabha Vs Tuticorin Educational Society reported in MANU/SC/1365/2019 held that availability of alternative remedy before regular Courts, is near total bar for exercise of supervisory power by High Court. Hence, I am not inclined to interfere in revision.

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5.Accordingly, the Civil Revision petition stands dismissed with liberty to

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

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CRP No. 2134 of 2023

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the petitioners to approach the concerned Magistrate for getting appropriate remedy in terms of order passed in Arul Daniel case cited supra.

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6.Having regard to the fact the complaint preferred under Section 12 of Domestic Violence Act is predominantly civil in nature, this Court is inclined to dispense with the personal appearance of the petitioners before the learned Magistrate unless it is absolutely necessary. Accordingly, the C.M.P.No.12987 of 2023 is ordered and connected C.M.P.No.12989 of 2023 is closed. No costs.

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16-12-2025

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ep

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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

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CRP No. 2134 of 2023

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To