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2023 Supreme(Mad) 364

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Mr. N. Arun Kumar & Ors. - Petitioners
Versus
Mrs. R. Prithi Silviya & Ors. - Respondents
C.R.P. No. 155 of 2023 and C.M.P. No. 1313 of 2023
Decided On : 25-01-2023

Advocates:
Advocate Appeared:
For the Petitioner: Mr. C. Gopinath.

Headnote:

Constitution of India, 1950 - Article 227 - Protection of Women from Domestic Violence Act, 2005 - Domestic violence - Quash case - Petition is filed to quash domestic violence case instituted, against revision petitioners – Held, Perusal of plaint, filed by first respondent/wife, would reveal that several allegations are raised against revision petitioners - Allegations raised are serious in nature, warranting an inquiry under provisions of Act and this Court cannot quash proceedings merely based on statements made by way of an affidavit filed in present Civil Revision Petition - All such allegations are to be adjudicated by conducting an elaborate inquiry with reference to documents and evidence and mere statement that allegations are false deserves no merit consideration by this Court - Court does not find any merit in respect of Civil Revision Petition filed by petitioners and petitioners are bound to participate in proceedings in order to establish their innocence or otherwise – Petition dismissed.

ORDER :

Prayer: This 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 by allowing the above Civil Revision Petition.

The Civil Revision petition is filed to quash the domestic violence case instituted in D.V.A. No.183 of 2022, against the revision petitioners.

2. The marriage between the first petitioner and the first respondent was solemnised as per the Hindu rites and customs and on account of certain misunderstandings, both are living separately as of now. Regarding domestic violence, the first respondent instituted a complaint under the D.V. Act which is pending on the file of the Special Court at Coimbatore.

3. The learned counsel for the petitioner states that the allegations set out in the plaint are false and frivolous. The second petitioner is the mother-in-law of the first respondent, who is an aged lady and therefore, she must be exonerated from the DVC proceedings.

4. A perusal of the plaint, filed by the first respondent/wife, would reveal that several allegations are raised against the revision petitioners. The allegations raised are serious in nature, warranting an inquiry under the provisions of the Act and this Court cannot quash the proceedings merely based on the statements made by way of an affidavit filed in the present Civil Revision Petition. All such allegations are to be adjudicated by conducting an elaborate inquiry with reference to the documents and evidence and mere statement that the allegations are false deserves no merit consideration by this Court.

5. Thus, this Court does not find any merit in respect of the Civil Revision Petition filed by the petitioners and the petitioners are bound to participate in the proceedings in order to establish their innocence or otherwise. Accordingly, the Civil Revision Petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

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