J.K.Merlin v. R.Divakaran

O R D E R The Civil Revision Petition is filed challenging the order passed by the Principal District Judge, Coimbatore in I.A.No.1 of 2022 in I.D.O.P.No.140 of 2022, dated 13.12.2022 giving visitation rights to respondent/husband.

¶2The petitioner filed a divorce petition against the respondent in I.D.O.P.No.140 of 2022. Pending main original petition, the respondent/husband filed an application seeking visitation rights of minor child-Avira, aged about 4 years at the time of filing of application (2022). By impugned order, the Principal District Judge, Coimbatore directed the petitioner to allow the respondent to have interaction with the child twice in a month, at a convenience place decided by the petitioner/mother with assistance of their Counsel till the disposal of the main original petition. Aggrieved by the same, the petitioner has come before this Court.

¶3The learned counsel appearing for the petitioner would submit that taking advantage of the order passed in the visitation rights application, the respondent is not co-operating for final disposal of original petition and therefore, the respondent may be directed to co-operate for disposal of the main original petition and the Court below may be directed to dispose of the original petition within a time stipulated by this Court.

¶4The learned counsel appearing for the respondent on the other hand would submit that the petitioner failed to comply with the direction issued by the Court below scrupulously and the petitioner allowed the respondent to visit child only two occasions, after the impugned order.

¶5The learned counsel appearing for the petitioner and respondent are unable to choose any common place, where the child could be produced to allow the respondent to have interaction.

¶6Taking into consideration the facts and circumstances of the case, this Court is inclined to direct the petitioner to produce the child in the First Saturday of every month in the District Legal Services Authority Building, Coimbatore by 10.30 a.m. The respondent shall be allowed to have interaction with the child from 10.30 a.m to 4.30 p.m. In case, the First Saturday is not a working Saturday in particular month, the child should be produced in the next working Saturday in that month. This arrangement shall continue till the disposal of the main original petition. The Member Secretary of District Legal Services Authority of Coimbatore shall depute a Competent Staff to oversee the proper compliance of order by the parties.

¶7Taking into consideration the main original petition was filed in the year 2022, the Court below is directed to dispose of the original petition, as expeditiously as possible. The respondent shall give full co-operation for early disposal of the main original petition.

¶8With the above directions, the Civil Revision Petition stands disposed of. No costs. Consequently, the connected civil miscellaneous petition is closed.

19.12.2025 Index : Yes / No Speaking order : Yes / No : Yes / No dm To The Principal District Judge, Coimbatore District. Copy to The Member Secretary, District Legal Services Authority, Coimbatore.

S.SOUNTHAR, J. dm

19.12.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.12.2025 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.22314 of 2024 J.K.Merlin ... Petitioner vs. R.Divakaran ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow the above Civil Revision Petition by setting aside the Order in I.A.No.1 of 2022 in I.D.O.P.No.140 of 2022, dated 13.12.2022 passed by the Principal District Judge, Coimbatore District. For Petitioner : Mr.R.Anbalagan For Respondent : Mr.K.T.S.Sivakumar for M/s.C.M.Arumugam