In the High Court of Judicature at Madras Reserved on: 19.03.2024 Delivered on : 12.07.2024 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.No.132 of 2022 and CMP.No.2560 of 2022

1.R.Martin S/o.T.Rethinasamy

2.RPhilomina S/o.T.Rethinasamy ... Petitioners Princy Martin W/o.Martin ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India against the proceedings dated 25.10.2021 in DVC No.12 of 2021 pending on the file of the IX Metropolitan Magistrate Court, Saidapet.

For Petitioner : Mr.R.Prabhakaran For Respondent : Mr.R.Mohandoss for M/s.Swaninathan

O R D E R

This Civil Revision Petition has been filed against the DVC proceedings initiated by the respondent against the petitioners, pending on the file of the IX Metropolitan Magistrate Court, Saidapet, 2. It is averred in the petition that the respondent is the wife of the 1^st revision petitioner. 2^nd revision petitioner is the sister of the 1^st revision petitioner. After 41 years of marriage, the respondent / wife had waged a legal battle. There were several family dispute between the 1^st petitioner and the respondent. Further, the 2^nd revision petitioner also lodged criminal complaint against the respondent for production of all original property documents which is in the illegal custody of the respondent.

3. It is further contended by the revision petitioners that the respondent had initiated DVC proceedings against her husband and his two sisters for possession of her properties and valuable securities which she is entitled to and for monetary relief and compensation under the Domestic Violence Act. The respondent also filed petition in Crl.M.P.No.16/2021, before the IX Metropolitan Magistrate, Saidapet, Chennai, wherein the learned Judge has passed protection and residence order, under Section 18 and 19, in favour of the respondent on 05.02.2021 .

4. Further the revision petitioners also filed C.R.P.No.1288 of 2021 before this Court, wherein this Court by an order dated 08.07.2021, held as follows:

5. All these are facts which can be determined only in the presence of both the parties before the Magistrate Court. Where these facts can be raised, and where the facts can be disputed and then issues which arise can be determined. I am confident that the IX Metropolitan Magistrate, Saidapet, would examine all the facts put forth by the revision petitioner. The petitioners have not approached the Magistrate Court still. They should approach the Magistrate Court and file relevant documents, file necessary affidavits to prove their bona fide and thereafter urge the learned Magistrate to pass a judicial order. Only when the Court passes a judicial order, can there be further re-examination of the facts determined. In this case, no such order has been passed.

6. Giving full liberty to the revision petitioners to approach the IX Metropolitan Magistrate at Saidapet, and to raise all possible contentions, the Civil Revision Petition is dismissed as pre-mature Consequently, connected miscellaneous petitions are is closed. No order as to costs.''

5. Thereafter, the revision petitioners filed petition raising preliminary objection regarding the maintainability in DVC proceedings and also filed M.P.No.6183 of 2021 to revoke the interim order dated 05.02.2021, passed in Crl.M.P.No.16 of 2021 and also approached this Court by filing the present CRP, challenging the proceedings under DVC, filed by the respondent. 6. The learned counsel appearing for the revision petitioners pointed out the age of the first revision petitioner and that of the respondent herein and stated that they had been in marital relationship for over 30 years and now the petition seeking protection under the Domestic Violence Act had been preferred by the respondent. The learned counsel therefore assailed the bona fide of the respondent in filing such an application. The learned counsel further drew the attention of this Court to the fact that there is a period of limitation stipu