K.Gobu Vs R.v.Hema

PRAYER :-Civil Revision Petition filed under Article 227 of The Constitution of India to strike off the impugned proceedings in DVC No. 18 of 2024, on the file of the Judicial Magistrate-I, Mannargudi, Tiruvarur District

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For Petitioners : Mr.Usha Ramman For Respondent : Ms.G.Kavitha

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

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CRP(MD). No.2957 of 2024

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ORDER

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This petition has been filed to strike off the proceedings in DVC No.18 of 2024, on the file of the Judicial Magistrate-I, Mannargudi, Tiruvarur District

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The petitioners herein are respondents in D.V.C.No.18 of 2024

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and the 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 petitioners would submit that first petitioner is the husband of the respondent and the petitioners 2 to 5 are the in-laws of the respondent. The respondent initiated domestic violence proceedings against her husband and in-laws. 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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CRP(MD). No.2957 of 2024

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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 207 of Cr.P.C./230 BNSS, framing of charges, questioning under Section 313 of Cr.P.C./135 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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