Madras High Court
CRP/6534/2025 of Vijayantha Vs P.Muthusaranya on 14 October 2026
CRP No.6534 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6534 of 2025
CNR:{HCMA013102702025}
and
CMP NO.32291 OF 2025
Vijayantha,
W/o. Late Vidhyasekar,
No.1250, 2nd Floor,
Golden Colony,
Mogappair, Padi,
Chennai - 600050.
..Petitioner(s)
Vs
P.Muthusaranya,
D/o. Parathasarathy,
No.8A, Perumalpuram Part2,
Puttur, Agaramthen,
Mappedu,
Chennai - 600126.
..Respondent(s)
Prayer: This Civil Revision Petition is filed under Articl 227 Code of Civil Procedure to set aside the Order of the Learned Judicial Magistrate-II, Tambaram, dated 11.11.2025 in Criminal Miscellaneous Petition No.2003 of 2025 in DVC.No.42 of 2021.
For Petitioner
For Respondent
: M/s.R.Kamalarani
:Mr.T.M.Hariharan
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CRP No.6534 of 2025
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ORDER
This Civil Revision Petition is filed challenging the order passed by the learned Judicial Magistrate No.II, Tambaram, granting residential order in favour of the respondent/wife.
2. The respondent herein filed a petition under Section 19(7) of Protection of Women from Domestic Violence Act 2005, seeking residential order.
3. It is seen from the impugned order, the notice sent to the respondent therein was returned with an endorsement as “unclaimed”. After recording the same, the learned Magistrate passed impugned order granting residential rights in favour of the respondent. The return of notice with an endorsement “unclaimed” cannot be deemed to be sufficient service on the respondent. In case, notice is returned unserved, the Court concerned should have taken further steps to serve the respondent therein by any other mode including by way of substituted service. In this case, without exploring the other mode of service, the learned Magistrate proceeded with the matter and passed the impugned order. Since the impugned order has been passed without effecting service on the petitioner who was arrayed as second respondent before the Magistrate, the same is set aside and the matter is remitted back to the Judicial Magistrate
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CRP No.6534 of 2025
No.II, Tambaram. The learned Magistrate is directed to consider the same afresh and pass final order on its own merits within a period of six weeks from the date of receipt of copy of this order.
4. The learned counsel appearing for the petitioner submits that her son namely, the first respondent in Crl.M.P.No.2003 of 2025, on the file of Judicial Magistrate No.II, Tambaram is out of India and he will be in India shortly. The learned Magistrate is directed to take up the case for hearing on 04.11.2026.
5. Both the petitioner and respondent are directed to appear before the Judicial Magistrate on that day. The learned Magistrate is directed to effect service on the 1st respondent in the Criminal Miscellaneous Petition namely, the husband of the respondent and proceed with the matter in accordance with law and dispose of the same within a period of eight weeks from 04.11.2026. No costs. Consequently, connected miscellaneous petition is closed.
14-10-2026 Index : Yes Speaking order:Yes Neutral Citation:Yes ub Note: Registry is directed to send all the original records to the Judicial Magistrate-II, Tambaram.
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CRP No.6534 of 2025
To The Judicial Magistrate-II, Tambaram.
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CRP No.6534 of 2025
S.SOUNTHAR, J. ub CRP No.6534 of 2025 14-10-2026
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