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IN THE HIGH COURT OF JUDICATURE AT MADRAS

Order reserved on : 17.12.2025 Order pronounced on : 30.01.2026

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI

CRP.No.5756 of 2025

& CMP.No.28623 of 2025

Dr.Tanali Sai Lakshmi Ananya ... Petitioner

Vs.

Dr.Nimmala Pavan Kumar ... Respondent

Prayer: Civil Revision Petition filed under Article 227 of Constitution of

India, to strike off I.A.No.5 of 2025 in HMOP.No.887 of 2020 on the file of

the II Additional Family Court, Chennai.

For Petitioner : Mrs.Devi

for Mr.Najeeb Usman Khan

For Respondent : Mr.Anupam Raghuraman

ORDER

The wife in matrimonial proceedings is the revision petitioner. The

revision petitioner seeks to strike off I.A.No.5 of 2025 in HMOP.No.887 of

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2020, in and by which the respondent/husband has sought for modification

of the terms of the order and decree dated 01.09.2020, by allowing monthly

visitation rights and active participation in the daughter’s life as a natural

guardian and also to contribute financially and emotionally to her

upbringing and also to resolve pending issues with the financial scheme

initiated in the name of the minor daughter, besides also seeking compliance

of agreed terms in the consent decree dated 01.09.2020, permitting the

husband to communicate with the minor daughter over phone.

2.I have heard Mrs.Devi, for Mr.Najeeb Usman Khan, learned

counsel for the petitioner and Mr.Anupam Raghuraman, learned counsel for

the respondent.

3.The learned counsel for the revision petitioner, Mrs.Devi, would

contend that the application is an abuse of process of law as the consent

decree was passed by the competent Family Court as early as on 01.09.2020.

Further, contending that the decree was passed by mutual consent and the

application to modify the terms of compromise was impermissible and the

application is belated and also not before the competent Court, she would

also bring to my notice that the respondent has spoken about payments made

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to the petitioner’s father as well, which are totally alien to the consent

decree. The learned counsel would therefore state that the said application

does not deserve to stand the scrutiny of law and is therefore liable to be

struck off under Article 227 of the Constitution of India,1950.

4.Per Contra, Mr.Anupam Raghuraman, learned counsel for the

respondent/ husband would submit that the application has been filed by the

husband only to modify the terms of the consent decree, pertaining to the

minor, taking into account the interest of the minor alone, which is

permissible under Section 27 of the Hindu Marriage Act, 1955. He would

further state that the petitioner has filed a counter and only at the final stages

of enquiry, the petitioner has moved the present revision petition and

obtained an interim stay. He would therefore pray for dismissal of the

revision petition.

5.I have carefully considered the submissions advanced by the learned

counsel on either side.

6.It is not in dispute that the petitioner and the respondent were

husband and wife. However, in and by an order dated 01.09.2020 in HMOP

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No. 887 of 2020 on the file of the II Additional Family Court, Chennai, the

parties have mutually dissolved their marriage, invoking Section 13B of the

Hindu Marriage Act, 1955. In the said consent decree, the parties have

agreed to certain terms and conditions, including the rights of the father to

visit the child / have the custody of the child.

7.The learned counsel for the respondent would, in fact, fairly agree

that under the consent decree, the father had given up visitation rights as

well as custodial rights. However, it is the grievance of the father that even

the telephone calls that were permissible are not complied with and it is one

of the prayers in application I.A.No.5 of 2025, to enforce compliance of the

terms of t