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S. M. SUBRAMANIAM
P. Suresh Kumar – Appellant
Versus
R. Prithi Silviya – Respondent
ORDER :
[Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records in D.V.A.No.183 of 2022 on the file of the Special Court for Trial of Domestic Violence Act Cases, Coimbatore and strike off the same.]
1. The Civil Revision Petition has been filed to strike off the complaint registered in D.V.A.No.183 of 2022 on the file of the Special Court for Trial of Domestic Violence Act Cases, Coimbatore.
2. The revision petitioners are the relatives of the husband of the complainant/first respondent herein.
3. The learned counsel for the revision petitioners mainly contended that the revision petitioners are not falling within the definition of 'Domestic Relationship' under the provisions of the Protection of Women from Domestic Violence Act, 2005 and thus, the complaint registered against the revision petitioners are to be struck off.
4. The learned counsel for the revision petitioners reiterated that the allegations set out in the complaint are false and frivolous and the revision petitioners are no way connected with the matrimonial relationship between the respondents 1 and 2, who are wife and husband. The complaint is motivated and the
The potential for misuse of the Protection of Women from Domestic Violence Act, 2005 and the need for careful scrutiny of allegations in domestic violence cases.
The main legal point established in the judgment is that vague and general allegations in a Domestic Violence complaint, without prima facie evidence, may lead to the quashing of the case as a misuse....
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