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2024 Supreme(Online)(MAD) 40082

HIGH COURT OF MADRAS
Mr. JUSTICE V.LAKSHMI NARAYANAN, J
Dr.B.Fazil – Appellant
Versus
J.RESHMA BANU – Respondent


Advocates:
Mr.S.Madhar Khan, Mr.B.Dilli Babu, Mr.K.Yuvaraj

ORDER

This Civil Revision Petition seeks to strike off DVC No.9 of 2023 on the file of Metropolitan Magistrate cum Additional Mahila Court, Egmore, Chennai.

2. The 1st civil revision petitioner is the husband, the petitioners 2 and 3 are father-in-law and mother-in-law and the 4th petitioner is the brother-in- law, 5th petitioner is the wife of 4th petitioner and the 6th petitioner is the father-in-law of 5th petitioner (father of the 4th petitioner). Pleading that the parties have already agreed and entered into a Mubarat on 27.12.2022, on the basis of which, a suit in O.S.No.26 of 2022 was presented on the file of III Additional Family Court, Chennai, this Civil Revision Petition has been presented.

3. According to Mr.S.Madhar Khan, since the parties have already settled the matter by way of Mubarat, filing of a Domestic Violence Case is an abuse of process of Court.

4. Mr.B.Dilli Babu representing the sole respondent pleads that the Mubarat dated 27.12.2022 had not been voluntarily entered into by the sole respondent. He argues that the wife never agreed to dissolve the marriage dated 10.03.2019 by agreement. He pleads that wife has initiated proceedings before the Family Court in M

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