J. Sathish Vs Sangeetha

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India praying to struck off the impugned proceedings in DVC No. 9 of 2024 on the file of the Learned Judicial Magistrate-I Kancheepuram.

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For Petitioner(s): Mr.R.Krishnakumar

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For Respondent(s): M/s.K.Hariharan

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ORDER

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The civil revision petition has been filed seeking to strike off the

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

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CRP No. 2458 of 2025

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complaint preferred by the respondent under the provisions of Domestic Violence Act.

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2.The petitioners are husband and mother-in-law of the respondent. The learned counsel for the petitioners submitted that the learned Magistrate committed an error in entertaining the complaint preferred by the respondent even without any domestic incidence report under Section 9(b) read with Section 37(2)(c) of Protection of Women from Domestic Violence Act. It is further stated that averments contained in the complaint are not sufficient to issue process to the petitioners.

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The Full Bench of this Court in the case of Arul Daniel and Others Versus Suganya reported in (2022) SCC Online Mad 5435 held that any person aggrieved by the process issued by the Magistrate can go before the very same Magistrate and raise preliminary objections with regard to the issues like existence of a shared household/ domestic relationship etc., If any order is passed, the aggrieved person can also take recourse to an appeal under Section 29 of the Domestic Violence Act. The relevant portion reads as follows:-

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87(vii). As there is no issuance of process as contemplated under Section 204, Cr.P.C. in a proceeding under the D.V. Act, the principle laid down in Adalat Prasad v. Rooplal Jindal ((2004) 7 SCC 338) that a process, under Section 204, Cr.P.C, once issued cannot be reviewed or recalled, will not apply to a proceeding under the D.V. Act.

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

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CRP No. 2458 of 2025

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Consequently, it would be open to an aggrieved respondent (s) to approach the Magistrate and raise the issue of maintainability and other preliminary issues. Issues like the existence of a shared household/domestic relationship etc., which form the jurisdictional basis for entertaining an application under Section 12, can be determined as a preliminary issue, in appropriate cases. Any person aggrieved by such an order may also take recourse to an appeal under Section 29 of the D.V. Act for effective redress (See V.K. Vijayalekshmi Amma v. Bindu V., (2010) 87 AIC 367). This would stem the deluge of petitions challenging the maintainability of an application under Section 12 of the D.V. Act, at the threshold before this Court under Article 227 of the Constitution.

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In view of the availability of alternative remedy before Magistrate, as held by Full Bench in Arul Daniel case, this Court is not inclined to exercise supervisory power under Article 227 of the Constitution of India. Further, the Hon'ble Apex Court in the case of Virudhunagar Nadargal Dharma Paripalana Shabha Vs Tuticorin Educational Society reported in MANU/SC/1365/2019 held that availability of alternative remedy before regular Courts, is near total bar for exercise of supervisory power by High Court. Hence, I am not inclined to interfere in revision.

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Accordingly, the Civil Revision petition stands dismissed with liberty

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

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to the petitioners to approach the concerned Magistrate for getting appropriate remedy in terms of order passed in Arul Daniel case cited supra.

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Having regard to the fact the complaint preferred under Section 12 of Domestic Violence Act is predominantly civil in nature, this Court is inclined to dispense with the personal appearance of the petitioners before the learned Magistrate unless it is absolutely necessary. Consequently, the connected miscellaneous petition is closed. No costs.

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08-01-2026

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No nr

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To

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The Judicial Magistrate-I Kancheepuram.

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

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CRP No. 2458 of 2025