Suresh v. Kamali
Case brief
What is this about?
Madras High Court, C.R.P.No.4355 of 2025 (with C.M.P.No.22311 of 2025), decided 04.12.2025 by S. Sounthar, J. Article 227 quashing of Domestic Violence Act complaint refused at threshold; Arul Daniel v. Suganya (2022) SCC Online Mad 5435 followed; quoted Full Bench passage noting Section 204 Cr.P.C. process-recall rule of Adalat Prasad v. Rooplal Jindal (2004) 7 SCC 338 inapplicable to D.V. Act proceedings; maintainability and shared household/domestic relationship as preliminary issues before Magistrate for Section 12 D.V. Act applications; appeal under Section 29 D.V. Act; contention of dissolved marriage/divorce decree and absence of shared household raised by counsel; D.V.C.No.3 of 2025, District Munsif cum Judicial Magistrate, Sendurai; petition dismissed, no costs, personal appearance dispensed with during enquiry.
What did the court decide?
Civil revision petition dismissed with no order as to costs; connected C.M.P.No.22311 of 2025 closed; petitioners given liberty to move the concerned learned Magistrate for appropriate remedy as per the law laid down in Arul Daniel; personal appearance of the petitioners during enquiry before the learned Magistrate dispensed with unless absolutely necessary.