Rosalin KEPsipa v. Sabar Nisha

Madras HC9 Jul 2025CRP(MD)/2909/2024

Case brief

AI extract

What is this about?

Domestic Violence Act 2005; DVC No.46 of 2023; Additional Mahila Court (JM Level) Madurai; Article 227 Constitution of India; CRP(MD) No.2909 of 2024; CMP(MD) No.16658 of 2024; dispensation of personal appearance of daughter-in-law/respondent; Sections 207 and 313 Cr.P.C.; Sections 230 and 351 BNSS; liberty to raise grounds before trial court; representation through counsel; M. Dhandapani J.; decided 09/07/2025; no costs.

What did the court decide?

Civil Revision Petition disposed of with liberty to the petitioner to raise all grounds before the trial court at trial; personal appearance dispensed with subject to specified appearances; petitioner to act through counsel; no costs; connected miscellaneous petition closed. ¶¶27

Rosalin KEPsipa Vs Sabar Nisha — Domestic Violence | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who claims to have no way connected with the allegations made by the first respondent in the DVC case, should have the D.V.C.No.46 of 2023 proceedings struck off, or alternatively be permitted to raise her grounds before the trial court. +1 more

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Court's answer

In view of the submission of the learned counsel for the petitioner, the petitioner is permitted to raise all the grounds raised in the revision petition before the trial court at the time of trial.

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Ratio / Principle

Taking into consideration the request of the learned counsel for the petitioner, her personal appearance before the trial court is dispensed with, except for her appearance for receiving the copy of the proceedings under Section 207 Cr.P.C./230 BNSS, framing of charges, questioning under Section 313 Cr.P.C./351 BNSS, and on the day judgment is pronounced.

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Key takeaways

If for any particular reason the presence of the petitioner is necessary, the trial court, at its wisdom, may direct her appearance on such days.ratio¶¶26
The petitioner is directed to represent the case through counsel.ratio¶¶26

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (M. Dhandapani, J.) disposed of a Civil Revision Petition under Article 227 of the Constitution of India filed to strike off proceedings in DVC No.46 of 2023 pending before the Additional Mahila Court, (JM Level), Madurai, initiated by the first respondent under the Domestic Violence Act, 2005 against her husband, son, daughter-in-law (the petitioner) and the mother of the daughter-in-law. The petitioner claimed she had no way connected with the allegations in the DVC case. Rather than striking off the proceedings, the Court permitted the petitioner to raise all grounds urged in the revision before the trial court at the time of trial, and dispensed with her personal appearance except for receiving the copy of the proceedings under Section 207 Cr.P.C./230 BNSS, framing of charges, questioning under Section 313 Cr.P.C./351 BNSS, and on the day of pronouncement of judgment. The trial court retains discretion to direct her presence when necessary, and the petitioner is to represent the case through counsel. Connected miscellaneous petition closed; no costs.

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CRP(MD). No.2909 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 09/07/2025

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CORAM

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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CRP (MD). No.2909 of 2024 and CMP(MD) No.16658 of 2024

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Rosalin Kepsiba ... Petitioner

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1.Sabar Nisha 2.S.Akbar

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3.A.Mohamed Imran

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4.Latha 5.Mahalingam @ King James ... Respondents

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PRAYER :-Civil Revision Petition filed under Article 227 of The Constitution of India against the proceedings in DVC No.46 of 2023, on the file of the Additional Mahila Court, (JM Level), Madurai.

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For Petitioners : Mr.V.Karuna For Respondents : Mr.A.R.Kannappan for R1 No appearance for R2 to R5

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ORDER

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This petition has been filed to strike off the proceedings in DVC

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No.46 of 2023, on the file of the Additional Mahila Court, (JM Level), Madurai.

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

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CRP(MD). No.2909 of 2024

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The petitioner herein is the respondent in D.V.C.No.46 of 2023 and the first respondent herein initiated the said proceedings, under the provisions of the Domestic Violence Act, 2005.

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The learned counsel appearing for the petitioner would submit that petitioner is the daughter-in-law of the first respondent. The first respondent initiated domestic violence proceedings against her husband, son and daughter-in-law and mother of daughter-in-law. It is also submitted that the petitioner has no way connected with the allegations made by the first respondent in the DVC case. Therefore, he prays that the petitioner be permitted to raise all the grounds mentioned herein before the trial court. He also requests this Court to dispense with her personal appearance before the trial court.

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In view of the said submission made by the learned counsel for the petitioner, the petitioner 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 petitioner, her appearance before the trial court is dispensed with except

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

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CRP(MD). No.2909 of 2024

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for her appearance for the purpose of receiving the copy of the proceedings u/s 207 of Cr.P.C./230 BNSS, framing of charges, questioning under Section 313 of Cr.P.C./351 BNSS, and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioner is necessary, the trial court, at its wisdom, shall direct her appearance on those days. Further, this Court directs the petitioner to represent the case through the counsel.

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