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2025 Supreme(Online)(Mad) 67310

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Sakthivel, J
Smt.Bhuvaneswari – Appellant
Versus
Smt.Keerthi – Respondent
CRP NO.807 OF 2022|CMP NO.4048 OF 2022|D.V.A.No.95 of 2021



Advocates:
For the Appellants/Petitioners: Mr.Mahesh Kumar for Mr.I.Periaswamy
For the Respondent-1: Ms.J.Shahidha
For Respondents-2&3: Given Up

The court determined that parties not having relief against them under the Domestic Violence Act are not necessary parties to ongoing proceedings.

Headnote:Statute Analysis: The Protection of Women from Domestic Violence Act, 2005 provides for protection orders under Section 18, residence orders under Section 19, maintenance under Section 20, and compensation under Section 22. Facts of the Case: The respondents filed D.V.A.No.95 of 2021 against the revision petitioners, who are related to the second respondent/husband, seeking protection amidst domestic disputes.

Findings of Court:
The court found that the revision petitioners are not necessary parties to the D.V.A. as no relief is sought against them.

Issues: Whether the revision petitioners are necessary parties to the Application under the Domestic Violence Act?

Ratio Decidendi: The court reasoned that since there is no relief against the revision petitioners, their involvement in the ongoing D.V.A is unnecessary.

Result: This Civil Revision Petition is partly allowed; the Domestic Violence Application against the third and fourth respondents is quashed.

Table of Content
1. overview of parties involved and context of the dva. (Para 2 , 3)
2. arguments presented by the respondent's counsel. (Para 4)
3. court's evaluation of necessity of parties. (Para 5)
4. final ruling and direction for trial. (Para 7)

1st & 2nd Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to call for the records in connection with D.V.A.No.95 of 2021 on the file of the Special Court for Trial of Domestic Violence Act Cases, Coimbatore and quash the same.

For Petitioners : Mr.Mahesh Kumar for Mr.I.Periaswamy For Respondent-1 : Ms.J.Shahidha For Respondents-2&3 : Given Up

O R D E R

This Civil Revision Petition has been filed praying to quash D.V.A.No.95 of 2021 on the file of the Special Court for Trial of Domestic Violence Act Cases, Coimbatore.

2.The Revision Petitioners herein are the respondents 3 and 4 in D.V.A.No.95 of 2021 on the file of the Special Court for Trial of Domestic Violence Act Cases, Coimbatore. The first respondent herein is the wife of one Senthilkumar, who is the second respondent herein and third respondent herein is the mother of the second respondent herein. The first Revision Petitioner is the sister of the second respondent herein and second Revision Petitioner is the niece of the second respondent. The marriage between the first respondent and second respondent was solemnized on September 6, 2018. The marriage did not result in the birth of any children. They have no children. Due to some misunderstanding between the first and second respondents, the first respondent herein has filed D.V.A.No.95 of 2021 before the Special Court for Trial of Domestic Violence Act Cases, Coimbatore against the revision petitioners seeking protection under Section 18, residence and return of articles under Section 19, maintenance under Section 20 and compensation under Section 22 of the Protection of Women from Domestic Violence Act, 2005. The said D.V.A., was filed on March 31, 2021.

3.Mr.Mahesh Kumar, representing by Mr.I.Periaswamy, learned Counsel for the revision petitioners would submit that the first revision petitioner is the sister-in-law and second revision petitioner is the sister-in-law's daughter of the first respondent herein. Second respondent is the husband of the first respondent. It has been further submitted that there is some matrimonial dispute between the first and second respondents. Owing to the dispute, the first respondent has falsely initiated the aforesaid DVA case against the revision petitioners and the second and third respondents with a vindictive motive. The learned Counsel further submits that the revision petitioners have not committed any domestic violence against the first respondent as described in the DVA Application and they are aged about 60 and 26 years respectively and now residing in Bangalore. Hence, he seeks the relief as prayed for.

4.Per contra, Ms.J.Shahidha, learned Counsel for the first respondent would submit that the revision petitioners and others have committed domestic violence against the first respondent. Hence, the Application in DVA No.95 of 2021 shall not be quashed. Accordingly, he prays to dismiss the Civil Revision Petition.

5.This Court has considered the facts and circumstances of the case, heard the submissions made on either side and perused the Application in DVA No.95 of 2021. It is seen that the first Revision Petitioner is the sister-in-law and second Revision Petitioner is the sister- in-law's daughter of the first respondent. Second respondent is the husband and third respondent is the mother-in-law of the first respondent. In view of the domestic relations, the first respondent has initiated the case in DVA No.95 of 2021 against her in-laws' and husband's niece / the revision petitioners herein. As of now, the said DVA No.95 of 2021 is at the stage of trial which is pending since 2021 on the file of the Special Court for Trial of Domestic Violence Act Cases, Coimbatore. Further,

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