Dismissed¶35

Natarajan v. Subhashini

Madras HC14 Jul 2025CRP(MD)/1298/2025

Case brief

AI extract

What is this about?

Article 227 revision against DVC proceedings; Protection of Women from Domestic Violence Act 2005; strike off D.V.C.No.06 of 2025; Judicial Magistrate Pattukottai Thanjavur; in-laws and relatives as DVC respondents; dispensation of personal appearance; Section 230 BNSS; Section 351 BNSS; grounds reserved for trial; CRP dismissed; Madurai Bench of Madras High Court; C.M.P.(MD).Nos.6756 of 2025 closed.

What did the court decide?

Strike-off of D.V.C.No.06 of 2025 denied. However, petitioners may raise all grounds before the trial court at trial, and their personal appearance is dispensed with except for receiving the proceedings copy (u/s 230 of BNSS), framing of charges, questioning (Section 351 of BNSS) and judgment pronouncement, with liberty to the trial court to summon them otherwise; no costs; connected C.M.P.(MD).Nos.6756 of 2025 closed.

Natarajan Vs Subhashini — Domestic Violence | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in D.V.C.No.06 of 2025 pending before the learned Judicial Magistrate, Pattukottai, Thanjavur District should be struck off at the instance of the petitioners. +1 more

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Court's answer

The petitioners are permitted to raise all the grounds raised in the revision petition before the trial court at the time of trial (rather than having the D.V.C. proceedings struck off at this stage).

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Ratio / Principle

The personal appearance of the petitioners before the trial court is dispensed with, except for their appearance for receiving the copy of the proceedings u/s 230 of BNSS, framing of charges, questioning under Section 351 of BNSS, and on the day judgment is pronounced; the trial court retains discretion to direct their appearance on any other day if necessary.

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Key takeaways

The Civil Revision Petition (seeking strike-off of the D.V.C. proceedings) stands dismissed; there is no order as to costs, and the connected miscellaneous petition is closed.ratio¶35

Detailed headnote1 paragraphs

Madurai Bench of Madras High Court (M.Dhandapani, J.), 14.07.2025 - C.R.P.(PD)(MD)No.1298 of 2025 filed under Article 227 of the Constitution by five relatives of the husband (respondent Nos.2 to 6 below) seeking strike-off of D.V.C.No.06 of 2025, instituted by Subhashini and a minor daughter before the Judicial Magistrate, Pattukottai, under the Protection of Women from Domestic Violence Act, 2005. The Court declined to strike off the proceedings and dismissed the revision petition, but permitted the petitioners to raise all grounds urged herein before the trial court at the time of trial, and dispensed with their personal appearance except for receipt of the copy of proceedings u/s 230 of BNSS, framing of charges, questioning under Section 351 of BNSS, and the day of pronouncement of judgment, leaving the trial court free to summon them whenever necessary. No costs; connected C.M.P.(MD).Nos.6756 of 2025 closed. No precedent was cited or discussed.

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C.R.P.(PD)(MD)No.1298 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 14.07.2025

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CORAM

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THE HON'BLE MR. JUSTICE M.DHANDAPANI

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C.R.P.(PD)(MD)No.1298 of 2025 and C.M.P.(MD).Nos.6756 of 2025

1.Natarajan

2.Parvathi

3.Surya Jothi

4.Balaji

5.Saravanan ...Petitioners

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Vs.

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1.Subhashini

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2.Minor Ridhanya (Minor is represented by her mother guardian first respondent herein) ...Respondents

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PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to strike off the proceedings made in D.V.C.No.06 of 2025 on the file of the learned Judicial Magistrate, Pattukottai, Thanjavur District.

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For Petitioners : Mr.B.Anandhan

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For R-1 & R-2 : Mr.S.Deenadhayalan

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1/5

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

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C.R.P.(PD)(MD)No.1298 of 2025

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ORDER

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This petition has been filed seeking to strike off the proceedings made in D.V.C.No.06 of 2025 on the file of the learned Judicial Magistrate, Pattukottai, Thanjavur District.

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2. The petitioners herein are respondent Nos.2 to 6 in D.V.C.No.06 of 2025 before the trial Court. The respondents herein has filed D.V.C.No.06 of 2025, before the learned Judicial Magistrate, Pattukottai, Thanjavur District, under the provisions of the Protection of Women from Domestic Violence Act, 2005.

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3. The learned counsel appearing for the petitioners submits that the first and second respondents are father-in-law and mother-in-law of the first respondent. The petitioner No.3 is sister-in-law of the first respondent. The fourth petitioner is the husband of the third petitioner. The fifth petitioner is the brother of the first petitioner. The first respondent has initiated domestic violence proceedings against her husband and the petitioners herein. It is submitted that the petitioners are in no way connected with the allegations made by the first respondent in the DVC case and though the husband of the first respondent is ready and willing to live with the first respondent, it is only the first respondent who is not coming to live with him and has initiated the present case. Therefore, he prays that the petitioners may be permitted to raise all the

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2/5

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

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C.R.P.(PD)(MD)No.1298 of 2025

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grounds mentioned herein before the trial court. He also requests this Court to dispense with their personal appearance before the trial court.

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4. Learned counsel appearing for the respondents submits that if this Court is inclined to dispense with the appearance of the petitioners, this Court may impose requisite conditions to see to it that the presence of the petitioners at the times, during which the presence of the petitioners is mandatory be safeguarded so that the petitioner does not frustrate the trial proceedings by dragging on the same to the detriment of the respondents.

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5. This Court, taking into consideration the submission made by the learned counsel for the petitioners, permits the petitioners to raise all the grounds as raised herein before the trial court at the time of trial. Taking into consideration the request made by the learned counsel for the petitioners, their appearance before the trial court is dispensed with except for their appearance for the purpose of receiving the copy of the proceedings u/s 230 of BNSS, framing of charges, questioning under Section 351 of BNSS and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioners is necessary, the trial court, at its wisdom, shall direct them to appear on those days.

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3/5

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

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C.R.P.(PD)(MD)No.1298 of 2025

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6. Accordingly, this Civil Revision Petition stands dismissed. There shall

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be no order as to costs. Consequently, the connected miscellaneous petition is

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closed.