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2025 Supreme(Online)(Mad) 65546

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Sounthar, J
R.Gopalakrishnan – Appellant
Versus
Mrs.Kanaga – Respondent


Advocates:
For the Appellants/Petitioners: M/s.P.Dhananjayan

ORDER

The Civil Revision Petition has been filed challenging the complaint preferred by the respondents under the provisions of the Domestic Violence Act on the ground that the marriage between the first petitioner and the first respondent had taken place in the year 2013 and the present complaint has been preferred after a period of 12 years. It is also stated that respondents 4 and 5 are residing elsewhere and they are not at all involved in any kind of domestic relationship with the first respondent.

2. The Full Bench of this Court in the case of Arul Daniel and Others Versus Suganya reported in (2022) SCC Online Mad 5435 held that any person aggrieved by the process issued by the Magistrate can go before the very same Magistrate and raise preliminary objections with regard to the issues like existence of a shared household/ domestic relationship etc., If any order is passed, the aggrieved person can also take recourse to an appeal under Section

29 of the Domestic Violence Act . The relevant portion reads as follows:-

87(vii). As there is no issuance of process as contemplated under Section 204 , Cr.P.C. in a proceeding under the D.V. Act, the principle laid down in Adalat Prasad

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