Disposed¶27

Manikandan v. R.Vimal Raji

Madras HC19 Jun 2025CRP(MD)/1706/2025

Case brief

AI extract

What is this about?

Domestic Violence Act proceedings; quashing of D.V.C.No.5 of 2025; Article 227 Constitution of India; Civil Revision Petition C.R.P.(PD)(MD)No.1706 of 2025; Madurai Bench of Madras High Court; Justice M. Dhandapani; Judicial Magistrate Nilakottai; dispensation of personal appearance; Section 230 BNSS; Section 351 BNSS; representation through counsel; disposed of with liberty to raise grounds at trial.

What did the court decide?

Civil Revision Petition disposed of with liberty to the petitioners to raise all grounds before the trial court at trial and with their personal appearance dispensed with except on specified occasions; no costs; connected miscellaneous petition closed. ¶27

Manikandan Vs R.Vimal Raji — Domestic Violence | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Civil Revision Petition seeking to quash/strike off D.V.C.No.5 of 2025 on the file of the learned Judicial Magistrate, Nilakottai should be allowed. +1 more

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Court's answer

The petitioners shall raise all the grounds raised in the revision petition before the trial court at the time of trial.

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Ratio / Principle

Personal appearance of the petitioners before the trial court is dispensed with, except for receiving the copy of the proceedings u/s 230 of BNSS, framing of charges, questioning under Section 351 of BNSS and the day on which judgment is to be pronounced.

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Key takeaways

If for any particular reason the presence of the petitioners is necessary, the trial court, at its wisdom, shall direct their appearance on those days.ratio¶26
The petitioners are directed to represent the case through counsel.ratio¶26

Detailed headnote1 paragraphs

Madurai Bench of Madras High Court (M. Dhandapani, J.) disposed of a Civil Revision Petition under Article 227 of the Constitution of India seeking to quash D.V.C.No.5 of 2025 on the file of the learned Judicial Magistrate, Nilakottai, filed under the provisions of the Domestic Violence Act by the first respondent. The petitioners, who are respondent Nos.2 and 3 in the DVC proceedings, contended they had no connection with the allegations. Without expressing any view on merits, the Court held that the petitioners may raise all the grounds urged in the revision before the trial court at the time of trial, and taking into consideration their request, dispensed with their personal appearance before the trial court except 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 of pronouncement of judgment, leaving it to the trial court's discretion to direct their presence when necessary, and directing the petitioners to represent the case through counsel. Notice on respondents was dispensed with as no adverse orders were passed. The Civil Revision Petition stood disposed of with no costs and the connected miscellaneous petition was closed.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 19.06.2025

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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.1706 of 2025 and C.M.P.(MD).No.9182 of 2025

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1.Manikandan

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2.Menaka ...Petitioners

Vs.

1.R.Vimal Raji

2.Rajasekar

3.Karunakaran

4.Renuga

5.Ganesan ...Respondents

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PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the petition in D.V.C.No.5 of 2025 on the file of the learned Judicial Magistrate, Nilakottai and strike off the same as illegal and abuse process of law in respect of the petitioners by allowing the Civil Revision Petition.

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For Petitioners : Mr.T.Veerakumar

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

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ORDER

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This petition has been filed seeking to quash the case in D.V.C.No.5 of 2025 on the file of the learned Judicial Magistrate, Nilakottai.

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Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with.

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The petitioners herein are respondent Nos.2 and 3 in D.V.C.No.5 of 2025 before the trial Court. The first respondent herein has filed D.V.C.No.5 of 2025 before the learned Judicial Magistrate, Nilakottai, under the provisions of the Domestic Violence Act.

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The learned counsel appearing for the petitioners would submit that the first petitioner is the brother-in-law of the first respondent and the second petitioner is the wife of the first petitioner. The first respondent has initiated domestic violence proceedings against her husband and the siblings of her husband. It is also submitted that the petitioners have no way connected with the allegations made by the first respondent in the DVC case. Therefore, he prays that the petitioners be permitted to raise all the 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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https://www.mhc.tn.gov.in/judis

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In view of the said submission made by the learned counsel for the petitioners, the petitioners shall raise all the grounds as raised herein before the trial court at the time of trial. Further, taking into consideration the request as 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 their appearance on those days. Further, this Court directs the petitioners to represent the case through the counsel.

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