AI Overview...
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Arul Daniel & Others vs. Suganya & Others (Full Bench Judgment, 2022) - The case established that the Family Court does not have the authority to entertain applications under Section 12 of the Domestic Violence Act. The Full Bench emphasized that proceedings related to domestic violence should be initiated and handled within the Magistrate's court, and any aggrieved person must approach the Magistrate directly for relief. CDJ 2022 MHC 8250
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Jurisdiction and Maintainability - Multiple judgments rely on the Arul Daniel case to determine that petitions challenging domestic violence proceedings or related processes are only maintainable before the Magistrate or the concerned court. The Full Bench clarified that courts can raise preliminary objections regarding jurisdiction and maintainability, but cannot bypass the statutory process. Varadarajan (Died) vs S.Abilakshmi - Madras, R.Gopalakrishnan vs Mrs.Kanaga - Madras
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Procedure and Notices - The judgment in Arul Daniel emphasized that notices in applications under domestic violence laws need not be issued to all respondents mechanically. Proper procedural practice requires raising objections at appropriate stages, respecting the statutory framework. Rajesh VS Station House Officer Adoor Police Station - Kerala
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Article 227 and Judicial Superintendence - The Full Bench held that the High Court's power under Article 227 of the Constitution is limited to patent illegality or jurisdictional errors. It cannot be invoked to re-examine merits or facts already decided by the Magistrate, reinforcing that such petitions should be filed only for jurisdictional issues. Prakathi vs V.Vedhavalli - Madras, S.Aravind vs J.Sri.Aswini - Madras, Singaram vs Shalini - Madras, G.Arunkumar vs V.Subashini - Madras
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Application in Criminal and Civil Proceedings - The case's principles have been applied to both criminal and civil proceedings related to domestic violence, emphasizing that the proper forum for relief is the Magistrate's court, and courts cannot entertain petitions that seek to bypass this statutory route. Murugayi Ammal vs Mookammal - Madras
Analysis and Conclusion:
The Full Bench judgment in Arul Daniel & Others vs. Suganya & Others (2022) is a landmark ruling clarifying the jurisdictional limits of courts concerning domestic violence cases. It underscores that the Family Court lacks authority under Section 12 of the D.V. Act, and that aggrieved persons must approach the Magistrate directly. The judgment also delineates the scope of High Court's power under Article 227, restricting it to jurisdictional issues and discouraging its use for re-evaluation of facts. This case has significantly influenced subsequent case law, reinforcing procedural correctness and respecting statutory forums in domestic violence proceedings.
Search Results for "Arul Daniel and Others"
2023 0 Supreme(Mad) 2371 • India - Madras
V. BHAVANI SUBBAROYAN
Ratio Decidendi: The court relied on the Full Bench judgment in the case of Arul Daniel & Others vs. ... Suganya & Others, which held that the Family Court does not have the power to entertain an application under Section 12 of the D.V.Act ... In a Full Bench judgment of this Court, in the case of Arul Daniel & Others vs. ... Suganya & Others reported in CDJ 2022 MHC 8250, wherein it has held as follows: “...The power ....
• India - Madras High Court
Honourable Mr Justice SUNDER MOHAN
Daniel and others Vs Suganya and others. ... Ratio Decidendi: The court relied on the judgment of the Larger Bench in Arul Daniel and others Vs Suganya and others, which ... the Criminal Original Petition was not maintainable as per the judgment of the Hon'ble Larger Bench of the Madras High Court in Arul ... Daniel and others Vs ORDER Since this Criminal Original Petition has been filed challenging th....
2025 Supreme(Online)(Mad) 29253 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN, J
Daniel and Others Vs. ... if a person is aggrieved by Domestic Violence proceedings, they must initially approach that court for relief as established in Arul ... A Full Bench of this Court in Arul Daniel and Others Vs.
2025 Supreme(Online)(Mad) 65546 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Sounthar, J
Citing the Full Bench decision in Arul Daniel and Others Vs. ... 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 ... Accordingly, the Civil Revision petition stands dismissed with liberty to the petitioners to approach the concerned Magistrate for getting....
2022 0 Supreme(Ker) 942 • India - Kerala
KAUSER EDAPPAGATH
Finding of the Court : In Arul Daniel and Others v. ... Suganya and Others has held that it is not necessary to issue notice to all parties arrayed as respondents in an application under ... The Full Bench of the Madras High Court recently in Arul Daniel and Others v. ... A Single Bench of this court in Latha P.C and Others v. State of Kerala and Others (2020 (5) KHC 428) deprecated the practice of mechanically issuing notice to th....
2023 Supreme(Online)(MAD) 34732 • India - Madurai Bench of Madras High Court
Ratio Decidendi: The court relied on the decision of the Full Bench of the Madras High Court in Arul Daniel and others Vs. ... Suganya and others, which held that Article 227 jurisdiction could be invoked in domestic violence cases only in cases of patent ... revision petition and directed the petitioners to approach the concerned Magistrate Court to raise the issue of maintainability and other ... No doubt, the Hon'ble Full Bench of this Court in Arul Daniel and #....
• India - Madurai Bench of Madras High Court
Ratio Decidendi: The Court relied on the decision of the Full Bench of the Madras High Court in Arul Daniel and others Vs. ... Suganya and others, which held that the High Court can exercise its power of superintendence under Article 227 of the Constitution ... No doubt, the Hon'ble Full Bench of this Court in Arul Daniel and others Vs. Suganya and others reported in 2023 Cri. ... Tuticorin Educational Society and others repor....
• India - Madurai Bench of Madras High Court
Ratio Decidendi: The Court relied on the decision of the Hon'ble Full Bench of the Madras High Court in Arul Daniel and others ... Suganya and others, which held that a petition under Article 227 of the Constitution is maintainable on a limited ground of patent ... that the petitioners were entitled to approach the concerned Magistrate Court itself and raise the issue of maintainability and other ... No doubt, the Hon'ble Full Bench of this Court in Arul Daniel and....
• India - Madurai Bench of Madras High Court
Ratio Decidendi: The High Court relied on the decision of the Hon'ble Full Bench in Arul Daniel and others Vs. ... Suganya and others, which held that a petition under Article 227 of the Constitution is maintainable on a limited ground of patent ... lack of jurisdiction and that the petitioners could approach the concerned Magistrate Court to raise issues of maintainability and other ... No doubt, the Hon'ble Full Bench of this Court in Arul Daniel and o....
2023 Supreme(Online)(MAD) 43271 • India - Madurai Bench of Madras High Court
Ratio Decidendi: The court relied on the decision of the Hon'ble Full Bench of this Court in Arul Daniel and others Vs. ... Suganya and others reported in 2023 Cri. ... Act, in the light of the decision of the Supreme Court in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and others Vs. ... No doubt, the Hon'ble Full Bench of this Court in Arul Daniel and others Vs. Suganya and others reported in 2023 Cri. ... Tuticorin E....
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