Extracted from the PDF above. The PDF is authoritative.
CRP No.2180 of 2022 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Revision Petition No.2180 of 2022
1. Jagadeesan S/o.Amirthalingam
2. Kothainayaki@ Jamuna W/o.Jagadeesan
3. Bhuvaneshwari W/o.Jaganathan
4. Chitrapavai W/o.Kuzhandaivelu ..Petitioners Vs
1. Mathuri W/o.Moovendhan
2. Moovendan S/o.Gunasekaran ..Respondents Civil Revision Petition filed under Article 227 of the Constitution of India praying to call for the records leading to the initiation of D.V.C No.3/2022, Judicial Magistrate II, Karaikal and quash the same. For Petitioners : Mr.A.Tamilvanan For Respondents : Mr.S.V.Karthikeyan [R1] ***** https://www.mhc.tn.gov.in/judis
CRP No.2180 of 2022 __________ Page2 of 4
ORDER This Civil Revision Petition has been filed challenging the proceedings in D.V.C.No.3 of 2022 on the file of Judicial Magistrate II, Karaikal and to strike off the proceedings insofar as the petitioners are concerned.
2. The first respondent initiated proceedings under the Domestic Violence Act against the petitioners, who are father-in-law, mother-in-law and sisters-in- law and had sought for various reliefs.
3. The present revision has been filed on the ground that a false complaint has been given and all the family members have been roped in as parties and therefore, initiation of domestic violence proceedings is an abuse of process of law, which requires the interference of this Court.
4. Heard learned counsel for petitioners and carefully perused the materials available on record.
5. The petitioners have taken a stand that they have nothing to do with the dispute between the respondent and her husband and they have all been roped in only with a view to harass them without there being any cause of action against them. https://www.mhc.tn.gov.in/judis
CRP No.2180 of 2022 __________ Page3 of 4
6. Learned counsel for petitioners submitted that the proceedings in D.V.C.No.3 of 2022 on the file of Judicial Magistrate II, Karaikal, is now transferred to the file of Judicial Magistrate I, Karaikal and renumbered as D.V.C.No.15 of 2023.
7. The issue raised in the present petition is squarely covered by the
judgment of the Full Bench of this Court in Arul Daniel and others v. Suganya and others [2022 (6) CTC 833]. The grievance expressed by the petitioners can be worked out in line with the guidelines issued in paragraph No.76(ix) of the aforesaid judgment and for proper appreciation, the same is extracted hereunder:
“76 (ix) In Kunapareddy (cited supra), the Hon’ble Supreme Court upheld the Order of a Magistrate purportedly exercising powers under Order 6, Rule 17 of the Civil Procedure Code, 1908 (hereinafter referred to as “C.P.C.”), to permit the amendment of an Application under Section 12 of the D.V. Act. Taking a cue therefrom, it would be open to any of the Respondent(s), at any stage of the proceeding, to apply to the Magistrate to have their names deleted from the array of Respondents if they have been improperly joined as parties. For this purpose, the Magistrate can draw sustenance from the power under
Order 1, Rule 10(2) of the C.P.C. A judicious use of this power would ensure that the proceedings under the D.V.Act do not generate into a weapon of harassment and would prevent the process of Court from being abused by joining all and sundry as parties to the lis.”
8. The Full Bench made it very clear that an order under Article 227 of the Constitution of India by striking down the proceedings will be passed only in cases where the Magistrate suffers from patent lack of jurisdiction. That is https://www.mhc.tn.gov.in/judis
CRP No.2180 of 2022 __________ Page4 of 4 N.ANAND VENKATESH, J. gm not the case here and the grievance expressed by the petitioners can be dealt with by them before whom the Domestic Violence proceedings are pending.
9. In the light of the above discussion, it is left open to the petitioners to move an appropriate application before the Judicial Magistrate I, Karaikal, seeking to delete their names from the array of respondents and the same will be dealt with on its own merits and in accordance with law after affording opportunities to both parties. If such an application is filed, it is left open to the first respondent to file a counter. The petitioners shall be permitted to be represented through counsel and their presence is dispensed with. This Civil Revision Petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 13-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The Judicial Magistrate I, Karaikal. Civil Revision Petition No.2180 of 2022 https://www.mhc.tn.gov.in/judis