S.Madhavan, v. J.Nandhini,

ORDER This civil revision petition is filed seeking to strike off the complaint preferred by the first respondent against the petitioners in DVC No.6 of 2025 under the provisions of the Domestic Violence Act.

¶2The petitioners herein are the parents in-law of the first respondent and she filed the above said complaint against the petitioners as well as the 2nd respondent/ husband

¶3The learned counsel for the petitioners would submit that in the complaint preferred by the first respondent, there is no specific overtact attributed to the petitioners, so as to attract the provisions of the DVC Act and hence, the Magistrate ought not to have issued process against the petitioners.

¶4In view of the Law settled by this Court in Arul Daniel and Others Versus Suganya reported in (2022) SCC Online Mad 5435, if the petitioners Page2 of 6 are aggrieved by the initiation of the proceedings under the Domestic Violence Act, it is for them to move the very same Magistrate raising preliminary issues. The relevant observation of Full Bench reads as follows:- 87(vii). As there is no issuance of process as contemplated under Section 204, Cr.P.C. in a proceeding under the D.V. Act, the principle laid down in Adalat Prasad v. Rooplal Jindal ((2004) 7 SCC 338) that a process, under Section 204, Cr.P.C, once issued cannot be reviewed or recalled, will not apply to a proceeding under the D.V. Act. Consequently, it would be open to an aggrieved respondent (s) to approach the Magistrate and raise the issue of maintainability and other preliminary issues. Issues like the existence of a shared household/domestic relationship etc., which form the jurisdictional basis for entertaining an application under Section 12, can be determined as a preliminary issue, in appropriate cases. Any person aggrieved by such an order may also take recourse to an appeal under Section 29 of the D.V. Act for effective redress (See V.K. Vijayalekshmi Amma v. Bindu V., (2010) 87 AIC 367). This would stem the deluge of petitions challenging the maintainability of an application under Section 12 of the D.V. Act, at the threshold before this Court under Article 227 of the Constitution. Hence, this court is not inclined to exercise its Supervisory Power available under Article 227 of Constitution of India to strike off the complaint. Page3 of 6

¶5Accordingly, this civil revision petition is dismissed. The petitioners are at liberty to move the concerned Magistrate for getting appropriate remedy as per law laid down in Arul Daniel case. Taking into consideration the proceedings initiated before learned Magistrate is predominantly civil in nature, the personal appearance of the petitioners during enquiry before Magistrate is dispensed with, unless their personal appearance is absolutely necessary. There shall be no order as to costs. Connected miscellaneous petitions are closed. 12-02-2026 Index: Yes/No Speaking/Non-speaking order MST To The Judicial Magistrate, Thirukazhukundram. Page4 of 6

S.SOUNTHAR, J. MST 12-02-2026 Page5 of 6 To

¶1J.Nandhini, D/o.E.A.Jagannathan, No.141, Sadras East, DAE Township, Kalpakkam -603 102.

¶2Navaneeth Madhavan, S/o.S.Madhavan, Navins Starwood Towers, W-1006, Medavakkam, Mambakkam Main Road, Vengaivasal, Chennai -600 126. Page6 of 6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR CRP No. 597 of 2026 and CMP Nos.3325, 3326 of 2026 1. S.Madhavan, S/o.Sundaragopalan, Navins Starwood Towers, W-1006, Medavakkam, Mambakkam Main Road, Vengaivasal, Chennai -600 126. 2. Prasanna Madhavan, W/o.S.Madhavan, Navins Starwood Towers, W-1006, Medavakkam, Mambakkam Main Road, Vengaivasal, Chennai -600 126. ..Petitioner(s) Vs 1. J.Nandhini, D/o.E.A.Jagannathan, No.141, Sadras East, DAE Township, Kalpakkam -603 102. 2. Navaneeth Madhavan, S/o.S.Madhavan, Navins Starwood Towers, W-1006, Medavakkam, Mambakkam Main Road, Vengaivasal, Chennai -600 126. ..Respondent(s) Page1 of 6 Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to call for the records in DVC No.6 of 2025 on the file of the Judicial Magistrate of Thirukalukundram and quash the same as against the Petitioners. For Petitioner(s): Ms.K.Sumathi