The Hon’ble bench of Hon’ble madras high court held that the petition made under article 227 of the constitution that relaxes the jurisdiction of every high court is maintainable is an aggrieved demanded quashing of proceedings under the Domestic Violence Act, 2005.
In the instant matter, the judgment has been pronounced by the Hon’ble single judge bench consisting of Hon’ble Justice GR Swaminathan. Wherein the Hon’ble court while pronouncing the judgement also stated that the power under article 227 is available to the Hon’ble high courts, irrelevant to the fact whether the case under the domestic violence act is criminal or civil.
Moreover, the Hon’ble court defined the article as “forum-neutral” since it does not make any distinction between a criminal court and a civil court. Further, the power of the Hon’ble high court under article 227 cannot be ousted.
This observation was made by the Hon’ble court while hearing the instant case filed under the domestic violence act.
Needful to mention that when the case was filed, the registry of the Hon’ble court rejected the plea on the pretext that the suit is not maintainable under article 227 of the constitution.
Henceforth the issue was presented before the Hon’ble court and the court listed it in deciding the maintainability of article 227.
