The court upheld the right of an aggrieved party to seek removal from domestic violence proceedings as per established legal precedent.

O R D E R

This Civil Revision Petition is filed seeking to quash the complaint preferred by the respondent under the provisions of the Protection of Women from Domestic Violence Act, 2005 [hereinafter referred to as 'the Act'].

2. The learned counsel for the petitioner submits that no domestic violence incidents had taken place as alleged by the respondent and therefore, the complaint filed by the respondent herein under the provisions of Domestic Violence Act need to be quashed.

3. A Full Bench of this Court in the case of Arun Daniel and Others v. Suganya reported in 2022 SSC Online Mad 5435, held that a party aggrieved by the issuance of process by the Magistrate in Domestic Violence Act, can approach the very same Magistrate seeking to delete him/her from array of parties by filing an application raising preliminary issues like absence of shared household or domestic violence. If any order is passed in such application, aggrieved party can file an appeal before the Sessions Court by invoking Section 29 of the Act.

4. In view of the law laid down by the Full Bench of this Court, the petitioner can very well move the Magistrate seeking deletion of his name from the array of the parties. Hence, this Court is not inclined to exercise its supervisory jury power under Article 226 of the Constitution of India as held by the Hon'ble Apex Court in the case of Virudhunagar Nadargal Dharma Paripalana Shabha Vs. Tuticorin Educational Society reported in MANU/SC/1365/2019

5. Accordingly, this Civil Revision Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.