Pushpa v. Jothimani
Case brief
What is this about?
Article 227 revision against pending Domestic Violence Case held not maintainable; D.V.C.No.9 of 2022, Judicial Magistrate Court No.II, Bhavani; strike off names as abuse of process; domestic relationship admitted; Arul Daniel v. Suganya 2022 SCC Online Mad 5435 (Full Bench) — inherent jurisdiction prerequisite; remedy ladder: application to Magistrate, appeal under Section 29 PWDVA 2005, then Article 227 CRP; dispensation of personal appearance of 65-year-old petitioner left to Magistrate; time bound disposal direction refused citing High Court Bar Association, Allahabad v. State of U.P., 2024 INSC 150 (exceptional circumstances only); expeditious disposal and co-operation directed; CRP dismissed, no costs, connected CMP.No.2310 of 2023 closed; parties from Erode district.
What did the court decide?
No striking-off relief; liberty given to the revision petitioners to apply before the learned Magistrate to strike off their names and to seek dispensation of the 1st petitioner's personal appearance; Magistrate exhorted to dispose of the case expeditiously with co-operation of both parties; no order as to costs; connected Civil Miscellaneous Petition closed.