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2025 Supreme(Online)(Mad) 43346

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
Rosalin Kepsiba – Appellant
Versus
Sabar Nisha – Respondent
CRP (MD). No.2909 of 2024|CMP(MD) No.16658 of 2024|DVC No.46 of 2023



Advocates:
For the Appellants/Petitioners: Mr.V.Karuna
For the Respondents: Mr.A.R.Kannappan

The court allows representation through counsel in domestic violence proceedings, minimizing personal appearances.

Headnote:The petition seeks to strike off proceedings in DVC No.46 of 2023 initiated under the Domestic Violence Act, 2005 against the petitioner who is alleged to be connected with the complaint. The petitioner claims no connection to the allegations and seeks to raise all grounds before the trial court. The court permits her to represent through counsel while allowing her to be absent unless specifically required. The petition is disposed of without costs.

Table of Content
1. petition seeks to strike off domestic violence proceedings. (Para 1)
2. petitioner's relationship to the domestic violence proceedings (Para 2 , 3)
3. court's allowance of representation and waiver of personal appearance (Para 4)

ORDER

This petition has been filed to strike off the proceedings in DVC No.46 of 2023, on the file of the Additional Mahila Court, (JM Level), Madurai.

2. The petitioner herein is the respondent in D.V.C.No.46 of 2023 and the first respondent herein initiated the said proceedings, under the provisions of the Domestic Violence Act, 2005 .

3. The learned counsel appearing for the petitioner would submit that petitioner is the daughter-in-law of the first respondent. The first respondent initiated domestic violence proceedings against her husband, son and daughter-in-law and mother of daughter-in-law. It is also submitted that the petitioner has 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.

4. 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 207 of Cr.P.C./230 BNSS, framing of charges, questioning under Section 313 of Cr.P.C./351 BNSS, and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioner is necessary, the trial court, at its wisdom, shall direct her appearance on those days. Further, this Court directs the petitioner to represent the case through the counsel.

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