Madrasdated High Court · 2025

C.R.P.No.268 of 2025 For Petitioner:Mr. H.Surendar For Respondent 1:Mr. S.RaviFor Respondent 2:No Appearance. O R D E RThe CRP is filed to set aside the DVC proceedings pending in DVC.No.12 of 2022 on the file of the Judicial Magistrate I, Arakonam as against the petitioners. The facts are briefly set out herein below. 2. The petitioners are the father in law, mother in law and sister in law of the 1st respondent. The 2nd respondent is the husband of the 1st respondent and son of petitioners 1 and 2 and the brother of the 3rd petitioner. 3. The 1st and 2nd respondents married as per Hindu Rites and rituals on 30.08.2018 at Thiruthani. The 2nd respondent was employed in a private concern at that point in time and the 1st respondent was 2/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025employed as a staff nurse in the Anna Hospital, Anna Nagar. After the marriage they were living as a joint family at the 2nd respondent's residence. Since the couple were working the household chores were taken care of by the 2nd respondent's parents. Thereafter, difference of opinion arose between the respondents herein and the 1st respondent would pick up quarrel with the 2nd respondent and withdraw to her parent's house. 4. The difference of opinion had increased to such an extent that in the month of February 2019, the 1st respondent had left her matrimonial home to her parent's home permanently. The 2nd respondent who had claimed that he has suffered at the hands of the 1st respondent took out an application for divorce. He had alleged cruelty against the 1st respondent. 5. As a counter blast the 1st respondent filed DVC.No.12 of 2022 on the file of the Judicial Magistrate I, Arakonam, against the petitioners herein and her husband, the 2nd respondent. The 3rd 3/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025petitioner who is the sister of the 2nd respondent had come down for her confinement from USA and was there for over 3 months. Even she has not been spared as she has also been included as an accused in the said proceedings. 6. Since the proceedings were being protracted and no allegation has been made against the petitioners herein they had come forward with this application for setting aside the domestic violence case against them. 7. The learned counsel for the petitioners would submit that there is absolutely no allegations setting out domestic violence against the petitioners herein. Further, the 3rd petitioner is not even a resident of India and is a foreign citizen who had come down only for her confinement and the 1st respondent has not spared even her. It is also the contention of the learned counsel for the petitioners that the DVC proceedings is only a counter blast to the proceedings filed by the husband for divorce in HMOP.No.701 of 2019 on the file of the Sub 4/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025Court, Poonamallee. Therefore, he would seek to have the complaint set aside as against the petitioners. 8. Per contra the learned counsel appearing for the 1st respondent has set out in detail the cruelty that has been meeted out to her by her in laws and a mere reading of it would clearly substantiate the filing of the DVC proceedings. 9. Heard the learned counsels on the either side and perused the records. 10. In order to invoke the provisions of the Protection of Women from Domestic Violence Act, herein after called the Act, the complainant has to establish domestic violence. The domestic violence has been defined under Section 3 of the Act as follows:“3.Definition of domestic violence:For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic 5/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025violence in case it(a)harms or injuries or endangers the health, safety, life, limp or well being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or(b)harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or(c)has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b) or(d)otherwise injures or causes harm, whether physical or mental, to the aggrieved person.11. The explanation further expands the abuse to include physical abuse, sexual abuse, verbal abuse and economic abuse. 6/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 202512. In order to constitute a domestic violence the parties should also be in a domestic relationship. The domestic relationship has been defined in Section 2 (f) of the Act as follows:“(f) “domestic relationship” means a relationship between two person who live or have, at any point of time, lived together in a shared household when they are related by consanguinity, marriage, or through a relationship in the nature of the marriage, adoption or are family members living together as a joint family.” 13. In this background this Court has to consider the incidents which has been set out in the complaint and analyse as to whether this constitutes the domestic violence. Various incidents of the domestic violence that have been alleged against the petitioners herein. The first allegation against the 3rd petitioner is as follows:“kDjhuupd; ehj;jdhu; fPu;j;jpfh tpw;F FHe;ij gpwe;Js;sJ vd;gjhy; mtUk; 7/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025kDjhuUf;F epr;raf;fg;gl;l ehs; Kjy; jpUkzj;jpw;F gpwFk; kDjhuUld; jhd; trpj;J te;Js;shu; 14. Here it has to be noted that the marriage between respondents took place on 30.08.2018 and the 1st respondent has left her matrimonial home on 25.02.2019. 15. The next allegation is that the problems between the respondents was started only by the 3rd petitioner. The 3rd petitioner had told the 1st respondent that the marriage between respondents was not elaborate and grand as her marriage and that they should have got a wife for her brother from a richer family. Another grievance is that the 2nd respondent had not saved any money and give all his money to the petitioners who have spent it lavishly. 16. When her husband had asked the return of the amount given to the 1st petitioner for meeting the marriage expenses and the 8/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025construction of the 3rd respondent's house the 1st petitioner had stated as follows:“mjw;F kDjhuu; jhd; Kjy; vjpu;kDjhuUf;F jiyaiz ke;jpuk; nghl;L gzj;ij nfl;f Jhz;otpl;ljhf jtwhf epidj;Jf;bfhz;L kDjhuu; kPJ njitapy;yhky; btWg;ig ckpHe;J te;jdu;17. It is also her contention that the 1st and 2nd petitioners ridicule the 1st respondent and demanded the 1st respondent should finish the cooking before left for work at 8 AM. 18. She would also attribute the following comment to the 2nd petitioner, her mother in law:“khkpahu; Kjy; vjpupaplk; (mtu; kfdplk;) vd;id ghu;f;fnt gpof;ftpy;iy vd;W cd; kidtp Twfpd;whu; vd;W jpUj;jp Twp tpnuhjj;ij K:l;o tpl;lhu;/ 9/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 202519. The 1st respondent was not permitted to interact with the neighbours and was forced to live in isolation. When the 1st respondent had conceived neither the petitioners nor the 2nd respondent accompanied her for her checkups. When the 1st respondent would dress well and leave for any special assignments the petitioners would speak ill about her. She was physically assaulted by her husband on the goading of the 2nd petitioner herein. 20. These are the allegations which the petitioner has set out in her complaint against the petitioners herein. As stated earlier the 1st respondent has lived in her matrimonial home only for 6 months. The 3rd petitioner had come lived in the shared household for her confinement and after delivery she had left and was not a member of the household. 21. Interestingly the Act defines the respondent as follows:“respondent means any adult male person who is, 10/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act.22. The averments which have been set out in complaint does not fit into the definition of domestic violence and the allegations are rather vague. It is also to be noted that this complaint has been filed three years after the 1st respondent had left her matrimonial home permanently and it has been filed after the 2nd respondent husband had filed a petition for divorce on the file of the Sub Court, Poonamallee. Therefore, it is clear that the petition in question is only an afterthought and a counter blast to the HMOP filed by the husband.23. The Civil Revision Petition is allowed. Consequently, the connected miscellaneous petitions are closed. No costs. 12.03.2025 Index: Yes/NoInternet: Yes/Nokan11/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025ToThe Judicial Magistrate I,Arakonam. 12/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025P.T. ASHA, J, kanC.R.P.No. 268 of 202512.03.202513/13

C.R.P.No.268 of 2025 For Petitioner:Mr. H.Surendar For Respondent 1:Mr. S.RaviFor Respondent 2:No Appearance. O R D E RThe CRP is filed to set aside the DVC proceedings pending in DVC.No.12 of 2022 on the file of the Judicial Magistrate I, Arakonam as against the petitioners. The facts are briefly set out herein below. 2. The petitioners are the father in law, mother in law and sister in law of the 1st respondent. The 2nd respondent is the husband of the 1st respondent and son of petitioners 1 and 2 and the brother of the 3rd petitioner. 3. The 1st and 2nd respondents married as per Hindu Rites and rituals on 30.08.2018 at Thiruthani. The 2nd respondent was employed in a private concern at that point in time and the 1st respondent was 2/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025employed as a staff nurse in the Anna Hospital, Anna Nagar. After the marriage they were living as a joint family at the 2nd respondent's residence. Since the couple were working the household chores were taken care of by the 2nd respondent's parents. Thereafter, difference of opinion arose between the respondents herein and the 1st respondent would pick up quarrel with the 2nd respondent and withdraw to her parent's house. 4. The difference of opinion had increased to such an extent that in the month of February 2019, the 1st respondent had left her matrimonial home to her parent's home permanently. The 2nd respondent who had claimed that he has suffered at the hands of the 1st respondent took out an application for divorce. He had alleged cruelty against the 1st respondent. 5. As a counter blast the 1st respondent filed DVC.No.12 of 2022 on the file of the Judicial Magistrate I, Arakonam, against the petitioners herein and her husband, the 2nd respondent. The 3rd 3/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025petitioner who is the sister of the 2nd respondent had come down for her confinement from USA and was there for over 3 months. Even she has not been spared as she has also been included as an accused in the said proceedings. 6. Since the proceedings were being protracted and no allegation has been made against the petitioners herein they had come forward with this application for setting aside the domestic violence case against them. 7. The learned counsel for the petitioners would submit that there is absolutely no allegations setting out domestic violence against the petitioners herein. Further, the 3rd petitioner is not even a resident of India and is a foreign citizen who had come down only for her confinement and the 1st respondent has not spared even her. It is also the contention of the learned counsel for the petitioners that the DVC proceedings is only a counter blast to the proceedings filed by the husband for divorce in HMOP.No.701 of 2019 on the file of the Sub 4/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025Court, Poonamallee. Therefore, he would seek to have the complaint set aside as against the petitioners. 8. Per contra the learned counsel appearing for the 1st respondent has set out in detail the cruelty that has been meeted out to her by her in laws and a mere reading of it would clearly substantiate the filing of the DVC proceedings. 9. Heard the learned counsels on the either side and perused the records. 10. In order to invoke the provisions of the Protection of Women from Domestic Violence Act, herein after called the Act, the complainant has to establish domestic violence. The domestic violence has been defined under Section 3 of the Act as follows:“3.Definition of domestic violence:For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic 5/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025violence in case it(a)harms or injuries or endangers the health, safety, life, limp or well being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or(b)harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or(c)has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b) or(d)otherwise injures or causes harm, whether physical or mental, to the aggrieved person.11. The explanation further expands the abuse to include physical abuse, sexual abuse, verbal abuse and economic abuse. 6/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 202512. In order to constitute a domestic violence the parties should also be in a domestic relationship. The domestic relationship has been defined in Section 2 (f) of the Act as follows:“(f) “domestic relationship” means a relationship between two person who live or have, at any point of time, lived together in a shared household when they are related by consanguinity, marriage, or through a relationship in the nature of the marriage, adoption or are family members living together as a joint family.” 13. In this background this Court has to consider the incidents which has been set out in the complaint and analyse as to whether this constitutes the domestic violence. Various incidents of the domestic violence that have been alleged against the petitioners herein. The first allegation against the 3rd petitioner is as follows:“kDjhuupd; ehj;jdhu; fPu;j;jpfh tpw;F FHe;ij gpwe;Js;sJ vd;gjhy; mtUk; 7/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025kDjhuUf;F epr;raf;fg;gl;l ehs; Kjy; jpUkzj;jpw;F gpwFk; kDjhuUld; jhd; trpj;J te;Js;shu; 14. Here it has to be noted that the marriage between respondents took place on 30.08.2018 and the 1st respondent has left her matrimonial home on 25.02.2019. 15. The next allegation is that the problems between the respondents was started only by the 3rd petitioner. The 3rd petitioner had told the 1st respondent that the marriage between respondents was not elaborate and grand as her marriage and that they should have got a wife for her brother from a richer family. Another grievance is that the 2nd respondent had not saved any money and give all his money to the petitioners who have spent it lavishly. 16. When her husband had asked the return of the amount given to the 1st petitioner for meeting the marriage expenses and the 8/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025construction of the 3rd respondent's house the 1st petitioner had stated as follows:“mjw;F kDjhuu; jhd; Kjy; vjpu;kDjhuUf;F jiyaiz ke;jpuk; nghl;L gzj;ij nfl;f Jhz;otpl;ljhf jtwhf epidj;Jf;bfhz;L kDjhuu; kPJ njitapy;yhky; btWg;ig ckpHe;J te;jdu;17. It is also her contention that the 1st and 2nd petitioners ridicule the 1st respondent and demanded the 1st respondent should finish the cooking before left for work at 8 AM. 18. She would also attribute the following comment to the 2nd petitioner, her mother in law:“khkpahu; Kjy; vjpupaplk; (mtu; kfdplk;) vd;id ghu;f;fnt gpof;ftpy;iy vd;W cd; kidtp Twfpd;whu; vd;W jpUj;jp Twp tpnuhjj;ij K:l;o tpl;lhu;/ 9/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 202519. The 1st respondent was not permitted to interact with the neighbours and was forced to live in isolation. When the 1st respondent had conceived neither the petitioners nor the 2nd respondent accompanied her for her checkups. When the 1st respondent would dress well and leave for any special assignments the petitioners would speak ill about her. She was physically assaulted by her husband on the goading of the 2nd petitioner herein. 20. These are the allegations which the petitioner has set out in her complaint against the petitioners herein. As stated earlier the 1st respondent has lived in her matrimonial home only for 6 months. The 3rd petitioner had come lived in the shared household for her confinement and after delivery she had left and was not a member of the household. 21. Interestingly the Act defines the respondent as follows:“respondent means any adult male person who is, 10/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act.22. The averments which have been set out in complaint does not fit into the definition of domestic violence and the allegations are rather vague. It is also to be noted that this complaint has been filed three years after the 1st respondent had left her matrimonial home permanently and it has been filed after the 2nd respondent husband had filed a petition for divorce on the file of the Sub Court, Poonamallee. Therefore, it is clear that the petition in question is only an afterthought and a counter blast to the HMOP filed by the husband.23. The Civil Revision Petition is allowed. Consequently, the connected miscellaneous petitions are closed. No costs. 12.03.2025 Index: Yes/NoInternet: Yes/Nokan11/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025ToThe Judicial Magistrate I,Arakonam. 12/13 https://www.mhc.tn.gov.in/judis C.R.P.No.268 of 2025P.T. ASHA, J, kanC.R.P.No. 268 of 202512.03.202513/13