K. Thilagavathi vs. Shiny

( Civil Appellate Jurisdiction )

Monday, the Twenty Fifth day of October Two Thousand Twenty One

PRESENT

THE HON`BLE MR.JUSTICE G.CHANDRASEKHARAN

CRP.(PD).No.2286 of 2021

AND CMP.Nos.17291 & 17293 of 2021

1 K. THILAGAVATHI [ PETITIONERS IN ALL THE PETITIONS ]

2 S.KALAICHELVAN

Vs

SHINY [ RESPONDENT IN ALL THE PETITIONS ]

Petitions under Article 227, constitution of India, filed against to strike off the complaint in DVC No.4 of 2021 on the file of the Ld. Judicial Magistrate No.1, Mannargudi (in CRP.PD.No.2286/2021);

(ii)To stay all further proceedings in DVC No.4 of 2021 on the file of the Ld. Judicial Magistrate No.1, Mannargudi (IN CMP.No.17291/2021) pending disposal of the above CRP.PD.No.2286/2021 and

(iii)To dispense with the personal appearance of the petitioners in all future hearing dates in DVC No.4 of 2021 on the file of the Ld. Judicial Magistrate No.1, Mannargudi (IN CMP.No.17293/2021) pending disposal of the above CRP.PD.No.2286/2021.

Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.N.MANOHARAN, Advocate for the petitioner in all the Petitions, the court made the following order:-

This Petition is filed to strike off the complaint in D.V.C.No.4 of 2021 on the file of the Judicial Magistrate No.I, Mannargudi.

2.The Learned Counsel for the Petitioner submitted that the Respondent and the Petitioner's son, Deepak got married on 15.04.2012. After six years of marriage life, Deepak died on 10.02.2018. The Respondent and Deepak has a male child named Arjun and a girl child was born after the death of Deepak. After the death of Deepak, the Respondent left to her parental house and they are not

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living with the Petitioners. However, the Respondent has given false complaint making allegations which are completely false, to the Protection Officer, Tiruvarur District.

3.On the basis of the complaint, D.V.C.No.4 of 2021 was registered on the file of the Learned Judicial Magistrate No.I, Mannargudi and it is pending. Filing of complaint under Protection of Women from Domestic Violence Act, 2005 against the Petitioners, is nothing but an harassment. The Petitioners are residing in Karur and the Respondent is residing in Mannargudi and the complaint is taken cognizance on the file of Judicial Magistrate No.I, Mannargudi. The Petitioners are senior citizens and at this stage, they are made to attend the Court hearings, only with an aim to harass them. In fact, the Petitioners only demanded the Respondent to show the grand children to them. They filed counter expressing their willingness to settle their properties in favour of their grand children, if the Respondent shows the grand children to the Petitioners. However, that was not considered by the Respondent. That apart, the case is barred by limitation.

4.Considering the factual circumstances of the case, issue notice to the Respondent returnable in three weeks. Private notice is also permitted.

5.Considering the fact that the Petitioners are senior citizens, aged more than 60 years, this Court directs the Learned Judicial Magistrate No.I, Mannargudi not to insist the personal appearance of the Petitioners on each and every hearing. They may be represented by their Counsel appearing for them. Only when their personal appearance is absolutely necessary, the Learned Judicial Magistrate No.I, Mannargudi may direct them to appear personally before the Court.

Call the matter after three weeks.

-sd/- 25/10/2021 / TRUE COPY /

Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

THE JUDICIAL MAGISTRATE, NO.1, MANNARGUDI.

C.C. to M/S.N.MANOHARAN, Advocate SR.NO. 6133/2021.

Order in CRP.(PD).No.2286 of 2021

AND CMP.Nos.17291 & 17293 of 2021

Date :25/10/2021

From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format TP(27/10/2021)