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CRP No.4643 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-01-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR

CRP No. 4643 of 2024

C.M.P.Nos.25917 & 25918 of 2024

1. A.V.Dhamodaran

2. D.Bhuvaneshwari

..Petitioner(s)

Vs

Savitha Purushothaman

..Respondent(s)

Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of

India, pleased to call for the records pertaining to D.V.C.No.252 of 2023

pending on the file of the learned Court to hear Domestic case in Coimbatore

and strike off the name of the 1^st and 2^nd petitioners on the ground of abuse of

process of law by allowing the present Civil Revision Petition.

For Petitioner(s): Mr.S.Yogalakshmi

For Respondent(s): Mr.S.Chandrasekar

ORDER

The Civil Revision petition is filed seeking to quash the complaint

preferred by the respondent under the provisions of Domestic Violence Act.

2.The learned counsel for the petitioners would submit that there is no

specific allegation against the petitioners and therefore, the Magistrate ought not

have issued process against the petitioners based on the shaky averments

contained in the complaint.

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CRP No.4643 of 2024

3.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 v. Rooplal

Jindal ((2004) 7 SCC 338) that a process, under Section 204,

Cr.P.C, once issued cannot be reviewed or recalled, will not

apply to a proceeding under the D.V. Act. Consequently, it

would be open to an aggrieved respondent (s) to approach the

Magistrate and raise the issue of maintainability and other

preliminary issues. Issues like the existence of a shared

household/domestic relationship etc., which form the

jurisdictional basis for entertaining an application under

Section 12, can be determined as a preliminary issue, in

appropriate cases. Any person aggrieved by such an order

may also take recourse to an appeal under Section 29 of the

D.V. Act for effective redress (See V.K. Vijayalekshmi Amma

v. Bindu V., (2010) 87 AIC 367). This would stem the deluge

of petitions challenging the maintainability of an application

under Section 12 of the D.V. Act, at the threshold before this

Court under Article 227 of the Constitution.

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CRP No.4643 of 2024

4. In view of the availability of alternative remedy before Magistrate, as

held by Full Bench in Arul Daniel case, this Court is not inclined to exercise

supervisory power under Article 227 of the Constitution of India. Further, the

Hon'ble Apex Court in the case of Virudhunagar Nadargal Dharma

Paripalana Shabha Vs Tuticorin Educational Society reported in

MANU/SC/1365/2019 held that availability of alternative remedy before regular

Courts, is near total bar for exercise of supervisory power by High Court.

Hence, I am not inclined to interfere in revision.

5. Accordingly, the Civil Revision petition stands dismissed with liberty

to the petitioners to approach the concerned Magistrate for getting appropriate

remedy in terms of order passed in Arul Daniel case cited supra.

6. Having regard to the fact the complaint preferred under Section 12 of

Domestic Violence Act is predominantly civil in nature, this Court is inclined to

dispense with the personal appearance of the petitioners before the learned

Magistrate unless it is absolutely nec