C.R.P.No.93 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

C.R.P.No.93 of 2023

and

C.M.P.No.692 of 2023

1.Mr.P.Suresh Kumar

2.Mrs.Thangam Palanisamy

3.Mrs.Hemachithra

4.Mr.Suresh Kumar

5.Ms.Rani

... Petitioners

Vs.

1.Mrs.R.Prithi Silviya

2.Mr.N.Arun Kumar

3.Mrs.Latha Natarajan

... Respondents

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution

of India, to call for the records in D.V.A.No.183 of 2022 on the file of the

Special Court for Trial of Domestic Violence Act Cases, Coimbatore and

strike off the same.

For Petitioners

: Mrs.S.Kalai Selvi

Page 1 of 7

https://www.mhc.tn.gov.in/judis

C.R.P.No.93 of 2023

O R D E R

The Civil Revision Petition has been filed to strike off the complaint

registered in D.V.A.No.183 of 2022 on the file of the Special Court for Trial

of Domestic Violence Act Cases, Coimbatore.

2. The revision petitioners are the relatives of the husband of the

complainant/first respondent herein.

3. The learned counsel for the revision petitioners mainly contended

that the revision petitioners are not falling within the definition of 'Domestic

Relationship' under the provisions of the Protection of Women from Domestic

Violence Act, 2005 and thus, the complaint registered against the revision

petitioners are to be struck off.

4. The learned counsel for the revision petitioners reiterated that the

allegations set out in the complaint are false and frivolous and the revision

petitioners are no way connected with the matrimonial relationship between

the respondents 1 and 2, who are wife and husband. The complaint is

Page 2 of 7

https://www.mhc.tn.gov.in/judis

C.R.P.No.93 of 2023

motivated and the revision petitioners have been unnecessarily implicated in

the DVC Proceedings and thus, the proceedings are to be struck off.

5. The copy of the Domestic Violence Complaint given by the first

respondent / Smt.R.Prithi Silviya, which is enclosed in Page No.17 of the

typed set of papers filed along with the Civil Revision petition reveals that the

revision petitioners are the relatives of the husband of the complainant.

Holistic reading of the complaint would reveal that the allegations are to be

enquired into. There are specific allegations against the revision petitioners as

they are living in joint family in the same building. While so, the revision

petitioners cannot be excluded from the definition of the 'Domestic

Relationship' as enumerated under Section 2 (f) of the Protection of Women

from Domestic Violence Act, 2005

6. Section 2 (f) of the Protection of Women from Domestic Violence

Act, 2005 reads as under:

2 (f) “Domestic Relationship” means a relationship

between two persons who live or have, at any point of time, lived

together in a shared household, when they are related by

Page 3 of 7

https://www.mhc.tn.gov.in/judis

C.R.P.No.93 of 2023

consanguinity, marriage, or through a relationship in the nature

of marriage, adoption or are family members living together as

a joint family.

7. Relationship between the parties have been clearly stated in the

complaint filed by the first respondent and therefore, the ground raised in this

regard by the revision petitioners are untenable and deserves no merit

consideration.

8. DVC complaints cannot be struck off in a routine manner by the

High Courts. When there are allegations set out in the complaint, then an

enquiry is certainly warranted. Courts are expected to be slow in entertaining

quash petitions against the DVC proceedings, since certain matrimonial

related offences are to be tried by conducting a trial. Certain incidents may be

clear or unclear in the complaint and even in respect of such allegations,

Court need not draw any inference and allow the trial Court to conduct an

enquiry in the interest of justice. Thus, merely raising a doubt regarding the

allegations would be insuffic