A. Asath Ali v. I. Sabana Farvin

ORDER Heard.

¶2The applicant/petitioner has filed the main Original Petition seeking to appoint and declare him as the legal guardian of the minor children, namely, A. Al Afsar and A. Hafsa. It is stated that the male child, A. Al Afsar, is presently in the custody of the petitioner, while the minor female child, A. Hafsa, is in the custody of the respondent/wife. The petitioner has also sought sole and permanent custody of the minor female child, A. Hafsa.

¶3Pending disposal of the said Original Petition, the present application has been filed seeking an interim direction granting visitation rights to the petitioner in respect of the minor child, A. Hafsa, on every first and second Saturday.

¶4It appears that, on account of the matrimonial dispute between the parties, the siblings have not been able to meet and interact with each other. In the affidavit filed in support of this application, it has been stated that the minor boy, A. Al Afsar, has expressed his desire to meet his sister, A. Hafsa, but has not been able to do so.

¶5During the course of hearing, both sides expressed their willingness to have the matter referred to the Mediation Centre for exploring the possibility of arriving at a mutually agreeable co-parenting arrangement. However, having regard to the ongoing festive season of Ramzan, the limited request now made before this Court is for an interim arrangement facilitating visitation and interaction between the children.

¶6Having considered the submissions made on either side, and bearing in mind the paramount welfare of the minor children, this Court is of the view that an opportunity ought to be provided for the siblings to meet and spend time together, particularly during the festive season of Ramzan. Such interaction would also enable the applicant/father to meet the minor female child.

¶7Accordingly, both parties are directed to ensure that the children, namely, A. Al Afsar and A. Hafsa, are brought to Dr. Varadhachariar Park, Poonga Road, Mayiladuthurai District, Nagapattinam, on 21.03.2026, between 2.00 p.m. and 6.00 p.m., so as to facilitate interaction between the siblings and to enable the applicant/father to meet the minor child, A. Hafsa.

¶8The matter is referred to the High Court Mediation Centre. The parties shall appear before the Mediation Centre. The learned Mediator, Ms. Bader Sayeed along with Ms.Manimegalai, Child Counsellor, shall hold appropriate sessions with the parties, explore the possibility of an amicable settlement of the inter se disputes relating to permanent custody as well as visitation/co-parenting issues, and facilitate the parties in arriving at a mutually acceptable resolution. The petitioner /husband shall bear the fee cost of the Counsellor in adhereance to fee structure fixed for the Mediator at the Mediation Centre, High Court Madras.

¶9In the event a settlement is arrived at, a completion report shall be submitted before this Court within a period of three weeks.

¶10In the event no settlement is arrived at, Ms.Manimegalai, Child Counsellor shall submit to this Court a report setting out a feasible parenting plan, bearing in mind the paramount welfare of the child/children.

¶11List the matter on 08.04.2026.

18.03.2026 AY To

1.The Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, Chennai.

2.Ms.Manimegalai, No.457, 8th South Cross Street, Kabaleeshwarar Nagar, Neelangarai, Chennai – 600 115. A.No.259oofo2026 DR.A.D.MARIAoCLETE,oJ. AY AoNo.o259oofo2026 IN OPoNO.o667oOFo2025 18-03-2026o

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-03-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A No. 259 of 2026 IN OP NO. 667 OF 2025 A. Asath Ali C/o. Abdul Hathi No.48/13 E, Cresant Nagar, Perumal Koil, Therizhandhur, Nagapattinam, Tamil Nadu 609 808. ..Applicant(s) Vs I. Sabana Farvin D/o. Ibrahim Sahib, No.2/46, Quaid Millath Street, Arangakkudi, Tharangambadi TK, Nagapattinam 609 302. ..Respondent(s) PRAYER: To pass an order directing Visitation Rights to the applicant to visit the minor A.HAFSA every week on First and Second Saturday terms that this Honble Court may think fit, pending disposal of the above O.P. For Applicant(s): Mr.H. Syed Alim For Respondent(s): Mr.M.A.Sahul Hameed.