The court emphasized the necessity of trial to determine domestic violence claims within familial relationships under the Domestic Violence Act.

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the complaint against the petitioners dated March 18, 2022 made in D.V.C.No.45 of 2022 on the file of the 'Special Judicial Magistrate to try cases under Domestic Violence Act, Coimbatore' by allowing this Civil Revision Petition.

For Petitioners : Mr.C.M.Arumugam For Respondents : Ms.S.Akila for R1

ORDER

The Civil Revision Petition has been filed praying to set aside the complaint against the petitioners dated March 18, 2022 made in D.V.C.No.45 of 2022 on the file of the 'Special Judicial Magistrate to try cases under Domestic Violence Act, Coimbatore' (hereinafter referred as the Trial Court).

2.The revision petitioners herein are the respondent Nos.2 and 3 in the D.V.C.No.45 of 2022 on the file of the Trial Court. The 2^nd respondent herein is the husband of the 1^st respondent herein and the revision petitioners are the father and mother of the 2^nd respondent herein. The marriage between the respondents herein was solemnized on 15.12.2019. Out of the marriage, one male child was born to them. The 1^st respondent herein has filed D.V.C.No.45 of 2022 before the Trial Court, against the 2^nd respondent and the revision petitioners seeking protection under Section 12, Residence Order under Section 17 and Return of article under Section 19, Maintenance under Section 20 and Compensation under Section 22 of the Protection of Women from Domestic Violence Act, 2005. The said DVC was filed on March 10, 2022.

3.Mr.C.M.Arumugam, learned counsel appearing for the revision petitioners would submit that the revision petitioners herein are the father and mother of the 2^nd respondent. It is submitted that there is a matrimonial dispute between the respondents, and the revision petitioners are no way connected in this case. Since the revision petitioners are the father and mother of the 2^nd respondent, the 1^st respondent with an vindictive motive has initiated the aforesaid DVC case falsely against them as well. Further, he submits that the revision petitioners and the 2^nd respondent have not committed any domestic violence against the 1^st respondent as described in the petition. Hence, he seeks the relief as prayed for.

4.Per contra, Ms.S.Akila, learned counsel appearing for the 1^st respondent would submit that the revision petitioners and the 2^nd respondent have committed domestic violence against the 1^st respondent. Hence, there is no need to set aside the D.V.C.No.45 of 2022 and prays to dismiss the Civil Revision Petition. 5.Having considered the facts and circumstances of the case and the submissions made on either side, this Court is of the view that this is not a fit case for quashing the case qua respondents Nos.2 and 3. This Court has perused the petition in D.V.C.No.45 of 2022; it is seen that the 2^nd respondent is the husband of the 1^st respondent and the revision petitioners are the father and mother of the 2^nd respondent. In view of the domestic relationship, the 1^st respondent has initiated the DVC.No.45 of 2022 against her husband/2^nd respondent herein and his family members alleging cruelty. As of now, the said DVC.No.45 of 2022 is at the stage of trial which is pending since 2022 before the Trial Court. The question about the truthfulness of the allegations raised by the 1^st respondent qua revision petitioners can only be decided after full trial. The revision petitioners have not made out a case for quashing the Domestic Violence Case. Hence, this Court is not inclined to allow the Civil Revision Petition.

6.However, this Court is of the view that the presence of the revision petitioners is not necessary unless the Trial Court specifically directs th