Tamil Nadu

HC rejects woman’s plea to quash domestic violence case

The Madras High Court has rejected the plea of an aged woman to quash a domestic violence case filed by her daughter-in-law with allegations that she was driven away from her matrimonial home in Chennai and was forced to live with her sister in Coimbatore.

Justice P.N. Prakash rejected the argument that the mother-in-law had no role in the marital affairs between the couple and that she had been unnecessarily dragged into the litigation.

The judge held there were prima facie materials and hence the case could not be quashed.

Complainant’s claim

He said the complainant had claimed to have spent nearly ₹3 lakh for treating the petitioner after the latter suffered a fracture on her leg and that the money was not returned to her.

The complainant had also accused the petitioner of taking away her jewels.

Hence, the judge refrained from quashing the case at the threshold but allowed the petitioner, considering her age and the long distance that she had to travel, from appearing in person before the trial court during every other hearing of the case.

‘Execute bond’

He directed the quash petitioner to appear before a special court for domestic violence cases in Coimbatore on November 9, execute a personal bond for ₹10,000 under Section 88 of the Code of Criminal Procedure and undertake to appear as and when necessary.

Thereafter, her personal presence during the regular hearings of the case could be dispensed with if she engaged an advocate with a special vakalat (an authorisation given to advocates to represent their clients), the judge ordered. ‘

He further directed the petitioner to file an affidavit stating that she would not dispute her identity and that her counsel would cross examine the witnesses, in her absence, without adopting any dilatory tactics.

The judge also ordered the petitioner to appear before the trial court whenever it required her presence in the case.

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Printable version | Nov 26, 2020 4:34:30 AM | https://www.thehindu.com/news/national/tamil-nadu/hc-rejects-womans-plea-to-quash-domestic-violence-case/article32938027.ece

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