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2026 DAILYLAW 60973 (MAD)

Saminathan v. Oohmsree

CRP/4890/2026 · 2026-08-19

N Anand Venkatesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP No.4890 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Revision Petition No.4890 of 2026 and C.M.P.No.21372 of 2026 1. Saminathan S/o.Ramasamy 2. S.Uma W/o.Saminathan ..Petitioners Vs 1. Oohmsree D/o.Srinivasan 2. Sathyanarayanan S/o.Saminathan ..Respondents Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order passed in Crl.M.P.No.364 of 2025 in DVC No.15 of 2025 dated 30.04.2026 and consequentially strike off the petitioners name in DVC No.15 of 2025 pending on the file of the learned Judicial Magistrate, Thiruthuraipoondi. For Petitioners : Ms.N.Lakshmi Priya ***** ORDER This civil revision petition has been filed under Article 227 of the Constitution of India against the order passed in Crl.M.P.No.364 of 2025 in DVC No.15 of 2025 dated 30.04.2026 by learned Judicial Magistrate, https://www.mhc.tn.gov.in/judis CRP No.4890 of 2026 __________ Page2 of 4 Thiruthuraipoondi, wherein the petition filed by the petitioners to strike off the names of the petitioners from the proceedings came to be dismissed by the Court below. 2. Heard learned counsel for petitioners and carefully perused the materials available on record. This Court also went through the impugned order. 3. In the considered view of this Court, any order passed by the learned Judicial Magistrate in the pending proceedings can be challenged by way of filing an appeal before the District Court under Section 29 of the Domestic Violence Act. This provision does not confine filing of appeal only against final order and even interim order can be challenged before the District Court. In view of the same, this Court is not inclined to exercise its jurisdiction under Article 227 of the Constitution of India. In view of the above, there shall be a direction to the petitioners to file an appeal before the concerned Court within a period of one (1) week from today and the same shall be dealt with on its own merits and in accordance with law. The petitioners shall be represented through counsel and their presence is dispensed with before the Court below. 4. This civil revision petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. https://www.mhc.tn.gov.in/judis CRP No.4890 of 2026 __________ Page3 of 4 Registry is directed to return the original order to learned counsel for petitioners in order to enable the petitioners to file an appeal before the concerned Court. 19-08-2026 Note : Issue order copy on 21.08.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To 1.The Judicial Magistrate, Thiruthuraipoondi. 2.The Section Officer, ER Section, High Court, Madras. https://www.mhc.tn.gov.in/judis CRP No.4890 of 2026 __________ Page4 of 4 N.ANAND VENKATESH, J. gm Civil Revision Petition No.4890 of 2026 19-08-2026 https://www.mhc.tn.gov.in/judis