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K.Duraipandian v. R.S.Ishwarya

Madras HC25 Aug 2025CRP(MD)/2574/2024

Case brief

AI extract

What is this about?

C.R.P.(PD)(MD)No.2574 of 2024, Madras High Court Madurai Bench, decided 25.08.2025 by M.Dhandapani J. Keywords: Civil Revision Petition; Article 227 Constitution of India; Domestic Violence Act; BNSS 2023; Section 230 BNSS; Section 351 BNSS; D.V.C./D.V.O.P. No.20 of 2024 Tenkasi; discharge petition Cr.M.P.No.1004 of 2024 dismissed; in-laws as respondents in domestic violence case; dispensation of personal appearance of accused; liberty to raise grounds at trial; trial court discretion to summon; no costs; connected miscellaneous petitions closed.

What did the court decide?

Civil Revision Petition disposed of: petitioners permitted to raise all grounds before the trial court at trial; personal appearance dispensed with subject to specified exceptions; no order as to costs; connected miscellaneous petitions closed. ¶24

K.Duraipandian Vs R.S.Ishwarya — Domestic Violence | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order of the Judicial Magistrate, Tenkasi dismissing the discharge petition (Cr.M.P.No.1004 of 2024) in D.V.O.P.No.20 of 2024 should be set aside and quashed. +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; the Court did not decide the discharge petition challenge on merits.

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Ratio / Principle

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

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Key takeaways

If for any particular reason the presence of the petitioners is necessary, the trial court may, at its discretion, direct them to appear on those days.ratio¶23

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), single Judge (M.Dhandapani, J.), disposed of a Civil Revision Petition under Article 227 of the Constitution challenging dismissal of a discharge petition (Cr.M.P.No.1004 of 2024) in D.V.O.P.No.20 of 2024 pending before the Judicial Magistrate, Tenkasi under the Domestic Violence Act and BNSS, 2023, where the petitioners (stated to be the father-in-law, mother-in-law, brother-in-law and his wife of the complainant) sought relief. Without deciding the discharge question on merits, the Court permitted the petitioners to raise all grounds urged in the revision before the trial court at trial, and dispensed with their personal appearance except for receiving the copy of proceedings u/s 230 BNSS, framing of charges, questioning under Section 351 BNSS and the day of judgment pronouncement, reserving to the trial court discretion to direct appearance whenever necessary. No costs; connected miscellaneous petitions closed.

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C.R.P.(PD)(MD)No.2574 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.08.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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C.R.P.(PD)(MD)No.2574 of 2024 and C.M.P.(MD)No.14870 of 2024 and 12640 of 2025

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1.K.Duraipandian 2.D.Prema 3.D.Vasanth Bhagat Singh 4.Indhumathi

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Vs.

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R.S.Ishwarya ... Respondent

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PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed in Cr.M.P.No.1004 of 2024 in D.V.O.P.no. 20 of 2024 on the file of the Judicial Magistrate Court, Tenkasi and quash the same.

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For Petitioner : Mr.R.J.Karthick For Respondent : Mr.K.Esakkidurai

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ORDER

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This Civil Revision Petition is filed challenging the order passed in Cr.M.P.No.1004 of 2024 in D.V.O.P.no.20 of 2024 on the file of the Judicial Magistrate Court, Tenkasi.

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

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1/5

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C.R.P.(PD)(MD)No.2574 of 2024

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2.The petitioners are the respondents 2 to 5 in D.V.C.No.20 of 2024 filed by the respondent herein before the learned Judicial Magistrate, Tenkasi under the provisions of the Domestic Violence Act and BNSS, 2023. In that petition, the respondents filed discharge petition in Cr.M.P.NO.1004 of 2024. The said application was dismissed. Challenging the same, the present Civil Revision Petition is filed.

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3. The learned counsel appearing for the petitioners submits that the respondent has initiated domestic violence proceedings against her husband and in-laws. It is submitted that the first petitioner is the father-in-law, second petitioner is the mother-in-law, third petitioner is the brother-in-law and the fourth petitioner is the wife of the brother-in-law of the respondent herein and they are in no way connected with the allegations made by the respondent in the DVC case. Therefore, he prays that the petitioners may be permitted to raise all the grounds mentioned herein before the trial court. He also requests this Court to dispense with the personal appearance of the petitioners before the trial court.

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4. The learned counsel appearing for the respondent 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 https://www.mhc.tn.gov.in/judis 2/5

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C.R.P.(PD)(MD)No.2574 of 2024

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safeguarded so that the petitioners do not frustrate the trial proceedings by dragging on the same to the detriment of the respondent.

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5. This Court, taking into consideration the submission made by the

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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, the appearance of the petitioners 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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6 . Accordingly, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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25.08.2025

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Index : Yes/No Internet : Yes / No ta

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https://www.mhc.tn.gov.in/judis 3/5

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C.R.P.(PD)(MD)No.2574 of 2024

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