IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.07.2025 CORAM THE HONOURABLE MR JUSTICE P.B. BALAJI CRP.No.1047 of 2025 & CMP.No.6044 of 2025 1.B.Beetus Biju 2.Beetus Antony 3.Joncy Beetus ... Petitioners Vs. A.B.Jane Juliana ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order dated 20.01.2025 passed by the learned Metropolitan Magistrate, Additional Mahila, Egmore, Chennai in Crl.M.P.No.163 of 2024 in DVC.No.29 of 2023. For Petitioners : Mrs.Sumathi Lokesh For Respondent : Mr.V.R.Chandra Mouli ORDER The Civil Revision Petition has been filed to set aside the order dated 20.01.2025 passed by the learned Metropolitan Magistrate, Additional 1/6 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis Mahila, Egmore, Chennai in Crl.M.P.No.163 of 2024 in DVC.No.29 of 2023. 2.Heard the learned counsel for the parties. 3.The petitioners are respondents in domestic violence complaint in DVC.No.29 of 2023 before the Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai. The Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai, has allowed Crl.M.P.No.163 of 2024 filed by the respondent/wife, directing return of certain jewellery items, which according to the respondent, were purchased by her and given by her parents as Sreedhana to her. 4.The Additional Mahila Court, Egmore, Chennai, has proceeded to allow the application and directed return of the said articles as mentioned in the order. However, it is seen from the impuged order that the Court has recorded the fact that the respondent has come on record stating that he does not know about the whereabouts of the jewellery. Merely from photographs exhibited and the receipt for purchase of the jewellery items, the Trial Court has come to the conclusion that the said articles are with the petitioners and therefore, they are are liable to be returned. 2/6 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis 5.In the light of the above defence taken by the petitioners, the Trial Court ought to have directed the parties to lead oral evidence and subject themselves to cross-examination to establish the custody of jewellery being with the petitioners or whether it is with the respondent/wife. However, the Court below has summarily accepted the documentary evidence, which are photographs, showing the wife wearing the gold articles. On the basis of such evidence, the Trial Court ought not to have allowed the application. 6.The learned counsel for the respondent would further state that the petitioners are also having custody of 15 sovereigns of gold jewels which has been gifted by the respondent's parents and that is also required to be returned to the respondent. All these matters should be subject to trial and after the parties lead evidence, the Court ought to have disposed of the application. 7.It is also brought to my notice that only because of the interim stay granted in this revision, the DVC is kept pending and it is in a part-heard stage. The Trial Court should have disposed of the main DV complaint 3/6 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis itself. In the light of the above, I am inclined to set aside the order of the Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai. 8.In fine, the Civil Revision Petition is allowed and the order dated 20.01.2025 in Crl.M.P.No.163 of 2024 in DVC.No.29 of 2023 on the file of the Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai, is set aside and I remit the matter in Crl.M.P.No.163 of 2024 to be taken up along with the main DVC.No.29 of 2023. The issue of 15 sovereigns of jewellery, which has been gifted by the respondent's parents, shall also be decided along with Crl.M.P.No.163 of 2024 and DVC.No.29 of 2023, apart from adjudicating the DVC on merits. Considering that the DVC is pending from 2023 onwards, the Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai shall expedite the trial and dispose of Crl.M.P.No.163 of 2024 and DVC.No.29 of 2023, on or before 26.09.2025. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed. 02.07.2025 Speaking/Non-speaking : Yes/No Index : Yes / No ata 4/6 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis To The Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai. 5/6 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis P.B. BALAJI,J. ata CRP.No.1047 of 2025 & CMP.No.6044 of 2025 02.07.2025 6/6 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis