Madras High Court
CRP/6203/2026 of Varadharaj Vs K.M.Priyadharshini on 30 September 2026
CRP.No.6203 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-09-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petition No.6203 of 2026
CNR: {HCMA012257472026}
1. Varadharaj
S/o Karuppannan,
D.No.10, Near
Patteeshwarar Park
Apartment,
Dr.Ramasamy Layout,
Velandipalayam Post,
Coimbatore- 641 025.
2. Valliammal
W/o Varadharaj,
D.No.10, Near
Patteeshwarar Park Apartment,
Dr.Ramasamy Layout,
Velandipalayam Post,
Coimbatore- 641 025.
...Petitioners
Vs
1. K.M.Priyadharshini
W/o Nandhakannan,
D.No.2-14/5-14
Kannammal Nagar,
TVS Nagar Road,
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CRP.No.6203 of 2026
Kavundampalayam,
Coimbatore- 641 030
2. V.Nandhakannan,
S/o Varadharaj,
D.No.10, Near
Patteeshwarar Park
Apartment, Dr.Ramasamy
Layout, Velandipalayam Post,
Coimbatore- 641 025.
...Respondents
PETITION under Article 227 of The Constitution of India praying to strike off the complaint in DVA.No.210 of 2026 on the file of Special Court for the Protection of Women from the Demestic Violence (Judicial Magistrate) at Coimbatore in so far as against the petitioners.
For Petitioners:
Mr.P.Saravana Sowmiyan
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ORDER
This civil revision petition has been filed under Article 227 of The Constitution of India seeking to strike off the complaint in DVC. No.210 of 2026 on the file of the Special Court for the Protection of Women from the Demestic Violence (Judicial Magistrate) at Coimbatore (for short, the Court below).
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CRP.No.6203 of 2026
2. Heard the learned counsel for the petitioners.
3. This Court has carefully considered the submissions of the learned counsel for the petitioners and perused the materials available on record.
4. The first respondent initiated proceedings under the Domestic Violence Act against the petitioners, the second respondent and another and sought for various reliefs. In this petition, the petitioners are the in-laws of the first respondent. The second respondent is none other than the husband of the first respondent. They were all added as party respondents in the petition filed under the Domestic Violence Act.
5. According to the petitioners, the first respondent added them as parties to the petition under the Domestic Violence Act only to harass them and the proceedings initiated by the first respondent is an abuse of process of law. Hence, the petitioners have sought for striking off the proceedings under the Domestic Violence Act insofar as the petitioners are concerned.
6. The issue raised in the present petition is squarely covered by the judgment of the Full Bench of this Court in Arul Daniel & others Vs. Suganya & others [reported in 2022 (6) CTC 833].
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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.”
7. The Full Bench of this Court made it very clear that an order
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under Article 227 of the Constitution of India striking off the proceedings will be passed only in cases where the Magistrate suffers from patent lack of jurisdiction. That is not the case here and the grievance expressed by the petitioners can be dealt with by the Court, before which, the proceedings under the Domestic Violence Act are pending.
8. In the light of the above discussions, the above civil revision petition is disposed of leaving it open to the petitioners to move an appropriate application before the Special Court for the Protection of Women from the Demestic Violence (Judicial Magistrate) at Coimbatore seeking to delete their names from the array of respondents and the same shall be dealt with on its own merits and in accordance with law after affording sufficient opportunity 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. 30-09-2026 To The Special Court for the Protection of Women from the Demestic
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Violence (Judicial Magistrate) at Coimbatore RS
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N.ANAND VENKATESH,J RS CRP.No.6203 of 2026 30-09-2026
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