A court cannot strike off a domestic violence complaint unless gross illegality or injustice is demonstrated.

ORDER

The husband and father-in-law of the respondent have filed the present revision, seeking to strike off the domestic violence complaint in D.V.C.No.19 of 2022 on the file of the Additional Mahila Court, Salem, Salem District. 2.I have heard Mr.M.R.Jothimanian, learned counsel for the petitioners and Mr.R.Marudhachalamurthy, learned counsel for the respondent.

3.The learned counsel for the petitioners inviting my attention to the averments in the domestic violence complaint would contend that the domestic violence complaint initiated by the respondent is a gross abuse of process and only in order to harass the petitioners. Taking me through the complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 , he would contend that the allegations that have been made in the complaint do not even warrant cognizance as any kind of abuse that is contemplated under Section 3 of the said Act. Moreover, he would state that the respondent, even in the complaint, has clearly admitted to the fact that she stayed in the matrimonial home only for a period of 15 days from the date of marriage and after lapse of more than 3 ½ years, the complaint has been filed with totally false and vexatious allegations. The learned counsel for the petitioner would place reliance on the decision of the Hon'ble Supreme Court in Shaurabh Kumar Tripathi Vs. Vidhi Rawal , reported in 2025 SCC Online SC 1158 and my decision in Prasad Gangaraju and Others Vs. Swetharaj , reported in 2025 SCC Online Mad 3295, in support of his contentions.

4.Per contra, the learned counsel for the respondent would state that firstly there is no limitation for initiating the complaint under the provisions of the Protection of Women from Domestic Violence Act, 2005 and secondly he would state that there is a remedy available to the petitioners even before the Magistrate to seek modification of the orders passed and also seek for a remedy under Act 43 of 2005 and move the Magistrate concerned to apply for discharge. Inviting my attention to specific allegations in the complaint made against both the petitioners, learned counsel for the respondent would contend that there is no scope for striking off the domestic violence complaint, that too, exercising powers under Article 227 of Constitution of India. In this regard, he would place reliance on the judgment of the Hon'ble Full Bench of this Court in Arul Daniel and Others Vs. J.C.Hemachand and Others , reported in 2022 SCC Online Mad 5435 and P.Ganesan Vs. M.Revathy Prema Rubarani , in CRP.(PD)(MD).No.909 of 2022 dated 30.11.2022 , in support of his contentions.

5.I have carefully considered the submissions advanced by the learned counsel on either side.

6.The marriage between the 1^st petitioner and the respondent is admitted, the same having been performed/celebrated on 06.09.2018. There is no dispute with regard to the relationship between the parties to the revision. Admittedly, even according to the respondent, within 15 days of the date of marriage, misunderstanding arose between the spouses and the respondent left the matrimonial home, after living with the 1^st petitioner barely for 15 days. The petitioner, in paragraph Nos.2 and 3, has made specific allegations against the 1^st petitioner/husband and the allegations are clearly falling within the ambit of abuse set out and defined under Section 3 of the Act 43 of 2005, namely physical abuse, verbal as well as emotional abuse. In paragraph No.4, an allegation is made against the 2^nd petitioner, stating that