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2025 Supreme(Online)(Mad) 16816
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
Shoba Kumari – Appellant
Versus
J. Lexio Lino – Respondent
C.R.P.(MD)No.1567 of 2025 | C.M.P.(MD)Nos.8088 & 8090 of 2025
For the Appellants/Petitioners: Mr. Charles Kamalesh M.Appaji
For the Respondents:
The court allows petitioner's absence from trial while permitting her to raise arguments, ensuring fairness in domestic violence proceedings.
Headnote:In the case of D.V.C.No.30 of 2022, the petitioner sought to quash the proceedings filed under the Domestic Violence Act. The petitioner, a mother-in-law of the first respondent, claimed no connection to the allegations and sought exemption from personal appearance, which was granted by the court. The court determined that the petitioner could raise her arguments at trial without personal presence, except for specific instances outlined. The petition stands disposed of with no orders on costs.
| Table of Content |
|---|
| 1. petitioner seeks to quash domestic violence case. (Para 1 , 3) |
| 2. arguments about hardship and dispensation from appearance. (Para 4) |
| 3. court permits representation through counsel. (Para 5) |
| 4. final decision issued without costs. (Para 6) |
ORDER
This petition has been filed seeking to quash the case in D.V.C.No.30 of
2022, on the file of the learned Additional Mahila (Fast Track) Court (Magistrate Level), Nagercoil.
2.Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with.
3.The petitioner herein is the third respondent in D.V.C.No.30 of 2022, before the trial Court. The first respondent herein has filed D.V.C.No.30 of 2022, before the Additional Mahila (Fast Track) Court (Magistrate Level), Nagercoil, under the provisions of the Domestic Violence Act and BNSS , 2023.
4.The learned counsel appearing for the petitioner would submit that she is the mother-in-law of the first respondent. The first respondent has initiated domestic violence proceedings against her husband and her in-laws and friends . He would further submit that the petitioner is in abroad and that the continuation of the said case would cause her considerable hardship. It is also submitted that the petitioner is no way connected with the allegations made by the first respondent in the DVC case. Therefore, he prays that the petitioner be permitted to raise all the grounds mentioned herein before the trial court. He also requests this Court to dispense with her personal appearance before the trial court.
5.In view of the said submission made by the learned counsel for the petitioner, the petitioner 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 petitioner, her appearance before the trial court is dispensed with except for her appearance for the purpose of receiving the copy of the proceedings u/s 230 of BNSS , framing of charges, questioning under Section 351 of 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 for her appearance on those days. Further, this Court directs the petitioner to represent the case through the counsel.
6.Accordingly, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 03.06.2025 Internet:Yes/No Index:Yes/No MR To
