S. Suresh Vs Deepa Sundari

PRAYER The Civil Revision Petition filed under Article 227 of Constitution fo India, praying to quash the entire proceedings of the DVC Petition filed in DVC No.78 of 2022 on the file of the Learned Judicial magistrate Court No.1, Mannargudi.

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For Petitioner(s): Mr.K.M.Subramanian

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For Respondent(s): Mr.Swamisubramanian

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ORDER

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The civil revision petition has been filed to quash the complaint preferred by the respondent under the provisions of Domestic Violence Act.

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It is stated by the learned counsel for the petitioners that the averments

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made in the complaint preferred by the respondent/wife are not sufficient to make out any prima facie case against the petitioners. Therefore, the learned Magistrate ought not to have issued process against the petitioners.

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The Full Bench of this Court in the case of Arul Daniel and Others

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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

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29 of the Domestic Violence Act. The relevant portion reads as follows:-

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

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CRP No. 427 of 2023

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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 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

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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

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

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CRP No. 427 of 2023

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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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Accordingly, the Civil Revision petition stands dismissed with liberty

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to 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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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. Consequently, the connected miscellaneous petitions are closed. No costs.

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15-12-2025

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

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To The Judicial Magistrate Court No.1, Mannargudi.

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

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CRP No. 427 of 2023

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S.SOUNTHAR J.