IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.08.2021 CORAM:

THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN C.R.P.(PD) No.1658 of 2021 and C.M.P.No.12864 of 2021 (Through Video Conference)

1) D.Nagarajan 2) D.Kalaivani

3) M.Devanathan .. Petitioners Versus Deepa .. Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records and to strike off the complaint made by the respondent in D.V.C.No.06/2019 which is pending before the Judicial Magistrate, Gudiyatham.

For Petitioner : Mr.P.Malarvanan ******

O R D E R

This Civil Revision Petition is filed to strike off the complaint made by the respondent in D.V.C.No 6 of 2019, which is pending before the learned Judicial Magistrate, Gudiyatham.

2. Learned counsel for the petitioners submitted that the marriage between the first petitioner and respondent was solemnized on 15.11.2015. Thereafter, they were living happily. The respondent, due to wed lock got conceived and she had been to her parents' house for delivery. After giving birth to a girl child, inspite of the request made by the first petitioner and also by way of a legal notice on 07.10.2016 inviting the respondent to join with him in matrimonial home, the respondent has not chosen to join with him. He further submitted that the respondent sent a reply dated 15.10.2016 wherein she did not say anything negative about the petitioners or her married life. Though she expressed her readiness and willingness to come and live with the petitioner after 3 months from the date of delivery, she had not done so. The first petitioner visited the respondent's family house for taking his wife with him. While so, her parents ill-treated him and refused to send the respondent with him. In this regard, he lodged a complaint with Arakonam Town Police Station on 23.02.2018.

3. The respondent had also given a complaint dated 25.02.2018 in All Women Police Station, Arakonam. Meanwhile, this Domestic Violence case under Section 6 of 2019 is registered.

4. Learned counsel for the petitioners submitted that the averments made in the notice and reply dated 07.10.2016 and 15.10.2016 respectively show that, the first petitioner and respondent were living happily. It was the respondent who refused to join the matrimonial home. However, the present D.V.C.No.6 of 2019 is filed with false allegations. Therefore, this proceedings in D.V.C.No.6 of 2019 has to be set aside. He further submitted that the petitioner and his parents, who are very old, are also unnecessarily roped in only to harass them, and are shown as respondents in D.V.C.No.6 of 2019. For all these reasons, the learned counsel for the petitioners prays for striking off the proceedings in D.V.C.No.6 of 2019.

5. The reading of the notice dated 07.10.2016 shows that the petitioners found fault with the behavior of the respondent and her irresponsible attitude towards the petitioner and his parents. He said that she used to talk with somebody over mobile phone throughout day and night by closing the door and she never cared to do the domestic work. Only his mother used to cook food. The respondent pretends that she is affectionate towards her husband and his parents. She left the matrimonial home on 20.03.2016 and had not returned thereafter. Therefore, he gave a notice inviting her to join the matrimonial home, else to go for legal separation, including divorce by mutual consent.

6. In the reply dated 15.10.2016, the respondent denied all those allegations made against her. It is her case that she was admitted in the hospital on 16.10.2016 for delivery and the delivery date was fixed between 16.10.2016 to 20.10.2016 and this was informed to the petitioner. Finally, he said that she was ready and willing to come and live with him after three months from the date of delivery. The exchange of notices, especially, the notice sent by the first petitioner shows that he has some grievance against the respondent with regard to the misbehavior and irrespon