A.Bhaskar v. Anees Ahmed
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2025
CORAM
THE HONOURABLE MR JUSTICE P.B. BALAJI C.R.P.No.1974 of 2025 and C.M.P.No.11353 of 2025 A.Bhaskar ... Petitioner Vs.
Anees Ahmed ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the order dated 23.10.2024 made in I.A.No.2/2024 in OS No. 110/2024 on the file of the IV Additional Family Court at Chennai.
(Cause title accepted vide Order of this Court, dated 17.04.2025 made in CMP No.8607 of 2025 in CRP SR No.18654/2025) For Petitioner : Ms.J.Jyothi For Respondent : Mr.K.Venkateswaran
ORDER
The husband who is the defendant in O.S.No.110/2024 has come forward with the present the revision, challenging the order in I.ANo.2/2024, dated 23.10.2024, in and by which the IV Additional Principal Family Court, Chennai has permitted the plaintiff / respondent herein to amend the plaint by amending the name and address of the defendant to depict Syed Imran Ahmed as Syed Imran Ahmed @ Baskar 1/6
and substitute the address Door No.349, Plot No.2, Natesanagar, 1st Main Road, Virugambakkam, Chennai - 600 092 with No.85, Kumaran Street, Thiruvethipuram, Cheyyar, Tiruvannamalai 604 407.
2. Ms.Jothi, learned counsel for the petitioner would contend that the petitioner does not reside in Tiruvannamalai and a false address has been given. Pointing out to the affidavit filed in this revision, the learned counsel for the petitioner contends that the present address of the revision petitioner is only No.47, Block No.1, 4th floor, Shindur Green Park, Jayachandran Nagar, Medavakkam, Chennai 600 100.
3. The learned counsel for the respondent states that he has no objection for the amendment of the address to be reflected as Medavakan. In so far as the amendment of the name of the revision petitioner, it is the categorical case of the petitioner that the petitioner is only A.Baskar and he does not have any other name much less the name of Syed Imran Ahmed.
4. However, I find from the affidavit filed in support of the 2/6
amendment application that the revision petitioner is also known by the name Syed Imran Ahmed. The suit itself has been filed for dissolution of marriage on the ground that both parties follow Muslim customs and practice. Therefore, I find that the suit has been filed against Syed Imran Ahmed and in and by the amendment, the plaintiff wants to depict the name Syed Imran Ahmed @ Baskar. However, it is the contention of the learned counsel for the petitioner that the petitioner is identified only by the name Baskar and does not have any name as Syed Imran Ahmed.
5. Be that as it may, merely because the cause title reflects an alias name of the defendant, it would not in any way take away the rights of the defendant to establish the defence taken by way of written statement in the suit and prove that the petitioner's name is only Baskar and he is not known by the name Syed Imran Ahmed. It is made clear that by permitting the amendment, no accrued right would come to vest the respondent / plaintiff and it is open to the parties to prove their respective contentions regarding the correct name of the revision petitioner before the trial Court.
6. In view of the above, the order passed by the IV Additional 3/6
Principal Family Court, Chennai is partly modified, confirming the amendment of the name of the defendant to include @ Basker along with Syed Imran Ahmed. However, insofar as the address of the revision petitioner, the amendment is to be carried out by the respondent / plaintiff, by incorporating the address as door No.47, Block 1, Fourth Floor, Shindur Green Park, Jayachandran Nagar, Medavakkam, Chennai instead of No.85, Kumaran Street, Thiruvethipuram, Cheyyar, Tiruvannamalai.
7. With the above modifications, this Civil Revision Petition is disposed of.
8. Further the Trial Court viz., IV Additional Family Court, Chennai is directed to dispose of the suit in O.S.No.110 of 2024 within a period of nine months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 15.07.2025 Speaking Order/Non-speaking Order Index : Yes / No vum 4/6
To The IV Additional Family Court at Chennai.
P.B. BALAJI,J.
5/6
vum C.R.P.No.1974 of 2025 and C.M.P.No.11353 of 2025 15.07.2025 6/6