C.R.P(MD)No.1350 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 02.12.2024 DELIVERED ON : 06.01.2025 CORAM: THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI C.R.P(MD)No.1350 of 2024 and C.M.P(MD)Nos.7853 & 7854 of 2024 1.Mani 2.Soundaram 3.Sathappan 4.Sathappan 5.Valliammai ... Petitioners Vs. 1.L.Annapoorani 2.Minor Sahashra ... Respondent Minor represented by her mother herein first respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to strike off the D.V.C.No.3 of 2024 on the file of the learned Additional Mahila Court, Pudukottai. 1/7 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1350 of 2024 For Petitioners : Mr.S.M.Ramasiva For Respondent : Mr.C.M.Arumugam ORDER This Civil Revision Petition is filed seeking to strike off the D.V.C.No.3 of 2024 on the file of the Additional Mahila Court, Pudukottai. 2. According to the revision petitioner, the marriage between the first petitioner / husband and the respondent / wife was solemnized on 23.08.2018 as per the Hindu customs. The petitioners are the husband and in-laws of the respondent / wife. The revision petitioners would submit that the first petitioner / husband of the respondent is working at Singapore. After marriage, the first petitioner and the respondent went to Singapore and were residing there. Due to some matrimonial discord, the respondent / wife returned back to India and stayed with her parents. Thereafter, the respondent filed a complaint before the All Women Police Station, Pudukottai, dated 18.11.2023 in Crime No.16 of 2023. Meanwhile, the first defendant filed a divorce petition in H.M.O.P.No.13 of 2024 on the file of the Family Court, Sivagangai. In order to wreck vengeance, the respondent 2/7 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1350 of 2024 filed the D.V.C complaint with mala fide intention to harass the petitioners. It is submitted that the parents-in-laws of the respondent are senior citizens; that the fourth and fifth petitioners are under medical treatment at Singapore. It is submitted that the allegations against the petitioners are false. The further contention of the revision petitioners is that the proceedings under the Domestic Violence Act was initiated by the respondent after lapse of one year from the date of the alleged incident as per Section 28 and 32 of the Protection of Women from Domestic Violence Act, 2005 read with Rule 15 Clause 6 of the Protection of Women from Domestic Violence Rules, 2006. The respondent ought to had filed the complaint within a period of one year. Therefore, the above D.V.C proceedings is liable to be struck off. Moreover, the respondent has deserted the first petitioner for more than five years and in order to wreck vengeance, the above complaint is filed which is liable to be struck of on this ground also. 3. On the other hand, the learned Counsel appearing for the respondents would submit that the quashing of the proceedings that are pending in a domestic violence case is undesirable. No exceptional grounds 3/7 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1350 of 2024 are made out for quashing the proceedings against the petitioners. Hence, the above revision petition is liable to be dismissed. 4. Heard the learned Counsel for the petitioner and the learned Counsel for the respondents and perused the materials available on record. 5. The above Civil Revision Petition is filed by the petitioners seeking to quash the proceedings that are pending against them, who were arrayed as respondents in D.V.C.No.3 of 2024 on the file of the learned Additional Mahila Court, Pudukottai. As rightly pointed out by the learned Counsel appearing for the respondents quashing of the proceedings that are pending in a domestic violence case is undesirable. No exceptional grounds are made out for quashing of proceedings against the petitioners. Therefore, this Court considers it desirable to dispose of this Civil Revision Petition in the following manner: "i) If the petitioners are having any grievance that they have been unnecessarily added as parties to the proceedings, it is open to them to file an application before the concerned Court to delete their names and if any such application is filed, the concerned Court shall decide the same, as per the decision 4/7 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1350 of 2024 of the Hon'ble Supreme Court in Kunapareddy Vs. Kunapareddy Swarna Kumari reported in 2016 (11) SCC 774. ii) If the petitioners are represented through a Counsel, the concerned Court shall not insist on the personal appearance of the petitioners. However, the petitioners shall appear before the Court as and when their presence is required by the Court. iii) The concerned Court is directed to dispose of D.V.C.No.3 of 2024 as expeditiously as possible preferably within a period of five months from the date of receipt of a copy of this order." 6. With the above direction, this Civil Revision Petition stands disposed of. As a sequel, Miscellaneous Petitions pending, if any shall stand closed. There shall be no order as to costs. 06.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 5/7 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1350 of 2024 To The Additional Mahila Court, Pudukottai. 6/7 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1350 of 2024 K.GOVINDARAJAN THILAKAVADI, J. BTR Order made in C.R.P(MD)No.1350 of 2024 06.01.2025 7/7 https://www.mhc.tn.gov.in/judis