C.R.P (PD).No.1002 of 2022 and

C.M.P.No.5196 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

30.06.2022

Pronounced on

08.07.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA

C.R.P (PD).No.1002 of 2022 and

C.M.P.No.5196 of 2022

P.Krishnappa

...

Petitioner

Vs.

Padmavathy

...

Respondent

PRAYER : Civil Revision Petition is filed under Article 227 of the

Constitution of India, to call for the records pertaining to the case in DV.No.5

of 2014 on the file of the District Munsif-cum-Judicial Magistrate No.I, Hosur,

struck off the same.

For Petitioner

: Mr.R.Selvakumar

For Respondent : Mr.K.Thiruvengadam

O R D E R

This Civil Revision Petition has been filed to struck off the

proceedings pending before the learned District Munsif cum Judicial

Magistrate-No.I, Hosur, pertaining to the case of in domestic violence in

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C.R.P (PD).No.1002 of 2022 and

C.M.P.No.5196 of 2022

DV.No.5/2014.

2. Heard the submission made by the learned counsel for the

petitioner and the perused the materials available on record.

3. The Revision Petitioner is the husband. Against him, the

respondent /wife has preferred a domestic violence complaint and the same

was taken on file and pending before the learned District Munsif-cum-Judicial

Magistrate-No.I, Hosur.

4. Now this petitioner has filed this Revision petition by claiming

that the Domestic Violence Petition is barred by limitation, since the complaint

has been given beyond a period of one year from the alleged date of the

occurrence. It is further submitted that the petitioner and the respondent got

separated and they were living separately for nearly 6 years before lodging the

complaint; but the cognizance of the complaint was taken on 06.12.2014 and

hence it is barred by limitation; since no enquiry or trial has been initiated in

the domestic violence complaint and the complaint has been filed only to

harass the revision petitioner and the same should be struck off.

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C.R.P (PD).No.1002 of 2022 and

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5. On perusal of the complaint, it is seen that there are several

allegations were made against the husband. Some of the allegations are

categorized under verbal and emotional abuse, economical violence, dowry

related harassment and other kinds of emotional violences in the complaint.

Since the respondent/wife has alleged that she was driven out of the

matrimonial home and she was not supported with any maintenance, the

reliefs sought for in the domestic violence complaint are protection order,

residential order, orders for maintenance and compensation.

6. The Act of 'Domestic Violence' is defined under Sec.3 of the

Domestic Violence Act and it reads as under:

“Section 3 in The Protection of Women from Domestic Violence

Act, 2005

3. Definition of domestic violence.—For the purposes of this Act, any

act, omission or commission or conduct of the respondent shall

constitute domestic violence in case it—

(a) harms or injures or endangers the health, safety, life, limb or

well-being, whether mental or physical, of the aggrieved person or

tends to do so and includes causing physical abuse, sexual abuse,

verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with

a view to coerce her or any other person related to her to meet any

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C.R.P (PD).No.1002 of 2022 and

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unlawful demand for any dowry or other property or valuable

security; or

(c) has the effect of threatening the aggrieved person or any person

related to her by any conduct mentioned in clause (a) or clause (b);

or

(d) otherwise injures or causes harm, whether physical or mental, to

the aggrieved person. Explanation I.—For the purposes of this

section,—

(i) “physical abuse” means any act or conduct whic