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2025 Supreme(Online)(Mad) 29253

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN, J
Varadarajan (Died) – Appellant
Versus
S.Abilakshmi – Respondent


Advocates:
For the Appellants/Petitioners: Ms.S.Jeevitharaman
For the Respondents: Mr.S.C.Pratheep Ashok Kumar, Mr.C.S.K.Sathish, Ms.L.Karthiga

ORDER

This civil revision petition seeks to quash DVC.No.18 of 2024 on the file of the Judicial Magistrate Court No.1 at Puducherry.

2. The petitioners are the father in law and mother in law of the first respondent. Pending this revision, the first petitioner expired.

3. A Full Bench of this Court in Arul Daniel and Others Vs.

Suganya, 2022 [6] CTC 833 has laid down that if a person is aggrieved by the initiation of proceedings against him/her under the Domestic Violence Act, the appropriate remedy is only to approach the very same court which deals with the Domestic Violence complaint and file an application to strike off the name of the said persons from the array of parties. The Full Bench further held that if the strike off petition goes against the applicant, the remedy is to prefer an appeal against the said order before the jurisdictional Sessions Court. In case, the Sessions Court also goes against the applicant, the remedy is available under Article 227 of the Constitution of India. The Full Bench, in clear and categorical terms, held that unless and until the learned Magistrate lacks inherent jurisdiction, a petition under Article 227 of the Constitution of India should not

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