UDCPR | Municipal Authorities Empowered To Grant Relaxation For Recreational Open Spaces In Redevelopment Projects: Bombay High Court Appellate Court Can Enhance Compensation Under Motor Vehicles Act Even Without Cross-Appeal By Claimants: Allahabad High Court State Instrumentalities Cannot Supplement Reasons For Withholding Public Money Via Affidavits Years Later: Calcutta High Court Immoral Traffic (Prevention) Act | Victim's Status As 'Illegal Immigrant' Does Not Dilute Offence Or Shield Perpetrator: Bombay High Court Clubbing Of Criminal Trials | No Basis To Direct Consolidation If Connected Proceedings Have Already Concluded: Delhi High Court IBC ‘Clean Slate’ Principle Cannot Extinguish Pre-existing Crystallized Liability Under Labour Awards: Bombay High Court Section 406 IPC | 'Donation' Does Not Constitute 'Entrustment'; Criminal Prosecution Quashed In Absence Of Aggrieved Victim: Delhi High Court Failure To Deliver Possession Of Plot Constitutes "Continuous Wrong" Giving Rise To Recurrent Cause Of Action Under Consumer Protection Act: Delhi State Commission High Court Cannot Entertain Writ Petition Under Article 226 When Statutory Appellate Remedy Under Section 107 CGST Act Is Available: Gujarat High Court Appointment Of Temple Servants Is The Exclusive Prerogative Of The Hereditary Trustee: Kerala High Court Stay Of Suit Proceedings Under CPC Does Not Automatically Bar Adjudication Of Pending Temporary Injunction Application: Rajasthan High Court Section 136A MV Act | Supreme Court Directs States To Impound Vehicles With Unpaid E-Challans And Mandates Electronic Enforcement Compliance Section 115 CPC | Executing Court Cannot Dismiss Execution Petition On Hyper-Technical Grounds Regarding LRs Of Judgment Debtor: Himachal Pradesh High Court Succession Act | Will Not Validly Executed If Attesting Witness Admits Signing Without Witnessing Testator’s Signature: Madras High Court High Court Cannot Interfere Under Article 227 To Correct Errors Of Fact Or Act As An Appellate Court: Madhya Pradesh High Court Advocates Act 1961 | Bar Council Has No Power To Suspend Advocate Pending Disciplinary Enquiry: Allahabad High Court Identification Of Accused By Police Personnel In Pitch Darkness Without Prior Acquaintance Is Unreliable: Himachal Pradesh High Court Body Shaming Or Insulting Physical Appearance Does Not Per Se Constitute Offence Under Section 509 IPC: Karnataka High Court Drishyam 3 | Interim Injunction To Restrain Film Release Cannot Be Granted Without Establishing Clear Subsisting Legal Right: Madras High Court Town Planning Scheme | Statutory Notice To Occupiers Under Rule 12(2)(a) Punjab Municipal Rules Is Mandatory And Independent Of Notice To Owner: Punjab & Haryana High Court

Domestic Violence Act |  Personal Appearance Not Mandated in Every Hearing: Madras High Court

07 May 2024 8:19 AM

By: Admin


In a significant judgment dated 05.02.2024, the Madras High Court, presided over by the Hon’ble Mr. Justice K. Murali Shankar, addressed critical issues pertaining to the jurisdiction and procedural aspects under the Domestic Violence Act. The court meticulously dissected the scope of judicial intervention under Article 227 of the Constitution in cases arising under the Domestic Violence Act.

The pivotal legal question revolved around the maintainability of a Civil Revision Petition under Article 227 to quash a complaint filed under the Domestic Violence Act. The court examined whether the High Court’s superintendence power under Article 227 could be invoked in such cases, especially considering the existence of alternative remedies.

The petitioner, involved in a domestic violence case, sought to strike off proceedings on grounds of vague allegations and questioned the jurisdiction. The complaint was initially filed by the respondent under Section 12 of the Domestic Violence Act, leading to the issuance of notice by the Magistrate.

Judicial Review Under Article 227: The court, referencing the Full Bench decision in Arul Daniel and others Vs. Suganya and others, clarified that while the High Court has the power of judicial review under Article 227, it is generally restrained, especially when an alternative remedy exists (Para 4, 5).

Role of Magistrate in DV Act Proceedings: Emphasizing the role of the Magistrate, the court directed that applications under the Domestic Violence Act must be scrutinized at the outset, limiting inquiries to relevant parties (Para 6, 7).

Personal Appearance in DV Cases: In a significant observation, the court noted that personal appearance of respondents in Domestic Violence Act proceedings is not mandatory if they are effectively represented by counsel. The Magistrate may only insist on personal appearance for compelling reasons (Para 10, 11).

The Court dismissed the Civil Revision Petition, finding no substantial legal ground to quash the complaint under the Domestic Violence Act using Article 227. It also directed the Magistrate not to insist on the personal appearance of the petitioner/respondent in every hearing, thereby acknowledging the civil nature of such proceedings.

Date of Decision: 05.02.2024.

Pitchaikani vs Parithakani,

Latest Legal News