D.Nandakumar Vs N.Shanthi

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the entire records in D.V.C.No.43 of 2024 on the file of the Additional Mahilar Court, Magisterial Level, Tiruvallur and quash the same by allowing this Civil Revision Petition.

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For Petitioner : Mr.C.Munusamy For Respondent : Mr.P.Rajesh

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O R D E R

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The Civil Revision Petition is filed seeking to quash the complaint preferred by the respondent/wife under the provisions of Protection of Women from Domestic Violence Act, 2005 in D.V.C.No.43 of 2024 on the file of the Additional Mahilar Court, Magisterial Level, Tiruvallur.

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

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C.R.P.No.2611 of 2025

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The learned counsel appearing for the petitioner would submit that

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the petitioner and the respondent are living separately and that there were no incidents of the domestic violence. However, without considering the said position, the Additional Mahilar Court, Magisterial Level, Tiruvallur has issued process against the petitioner.

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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 Judicial Magistrate can go before the very same Judicial 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 Protection of Women from Domestic Violence Act, 2005. 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. Consequently, it would be open to an aggrieved respondent (s) to approach the Magistrate and raise the issue of

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

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C.R.P.No.2611 of 2025

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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 categorical pronouncement of law by the Full Bench

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of this Court that a person aggrieved by issuance of process can very well approach the concerned Judicial Magistrate raising preliminary issues and hence, this Court is not inclined to exercise its supervisory power under Article 227 of the Constitution of India. When petitioner has remedy before Regular Magistrate, as held by the Hon'ble Apex Court in the case of

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Virudhunagar Nadargal Dharma Paripalana Shabha Vs Tuticorin Educational Society reported in MANU/SC/1365/2019 , this Court need not exercise it’s supervisory jurisdiction.

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

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C.R.P.No.2611 of 2025

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Accordingly, the Civil Revision Petition is dismissed with liberty to the petitioner to approach the very same Additional Mahilar Court, Magisterial Level, Tiruvallur raising preliminary issues. If any such application is filed and preliminary issue with regard to the maintainability of the petition against revision petitioner is raised, the Additional Mahilar Court, Magisterial Level, Tiruvallur shall consider and dispose of the same as expeditiously as possible.

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The complaint preferred by the respondent seeking various orders under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, are predominantly civil in nature and therefore, this Court is inclined to dispense with the personal appearance of the petitioner before the Additional Mahilar Court, Magisterial Level, Tiruvallur , unless his presence is absolutely necessary. No costs. Consequently, the connected civil miscellaneous petitions are closed.

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12.12.2025 Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No kv

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

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C.R.P.No.2611 of 2025

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To

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The Additional Mahilar Court, Magisterial Level, Tiruvallur.