The jurisdiction under Section 26 of the Hindu Marriage Act is limited to pending proceedings and does not confer an independent right to seek visitation rights outside of the Act. The paramount welfare of the minor child and the need for evidence and materials to determine the best interest of the child are crucial in custody matters.

1. This Petition is filed to permit the Petitioner to have visitation tights in respect of Minor Child-Smrti in terms of the order passed by this Court in C.R.P. Nos. 399 and 400 of 2004 (on 31.1.2005).

2. The Minor Child-Smrti, aged about eight years has become victim of the marital discord between the Husband and the Wife. C.R.P. Nos. 399 and 400 of 2004 and number of other Revision Petitions in C.R.P. Nos. 2087 of 2002, 1248 of 2003, 2725 of 2003 and the proceedings in I.A. No. 82 of 2003 in H.M.O.P. No. 29 of 2002 ere all pertaining to the visitation rights claimed by the Petitioner/Father.

3. For proper appreciation of the contentious points urged, we may briefly refer to the facts and the litigation between the parties. The Respondent/Wife has filed H.M.O.P. No. 29 of 2002 - Petition for Divorce on the ground of Cruelty under Section 13(1)(i-a) of the Hindu Marriage Act on the file of Sub-Court, Srivilliputhur. The said H.M.O.P. No. 29 of 2002 was allowed granting Divorce between the Parties. As against the order of Divorce in H.M.O.P. No. 29 of 2002, the Petitioner/Husband has preferred H.M.C.M.A. No. 13 of 2003 on the file of District Court, Srivilliputhur. The said H.M.C.M.A. No. 13 of 2003 was allowed setting aside the order of Divorce granted in H.M.O.P. No. 29 of 2002.

4. I.A. No. 82 of 2003: In H.M.O.P. No. 29 of 2002, the Petitioner/ Husband has filed this Application under Section 26 of the Hindu Marriage Act to have custody and visitation rights of the Minor Child-Smrti, who was studying at Chinmaya Vidyalaya, P.S.K. Nagar, Rajapalayam. He has claimed visitation rights on all school working days during the lunch hours from 12.40 p.m to 01.20 p.m and also to have Interim Custody from Friday Evening to Monday Morning on all weekends. Learned Subordinate Judge, Srivilliputhur has passed the order only to the limited extent of having the custody of the child on the Second Saturday from 08.00 a.m to 09.00 p.m. and thereafter, the Petitioner ought to have handed over the Child to the Respondent.

5. C.R.P. Nos. 339 and 400 of 2004: Aggrieved against the orders in I.A. No. 82 of 2003 and I.A.SR. No. 7419 of 2003 in H.M.O.P. No. 29 of 2002, the Petitioner/Husband has preferred these Civil Revision Petitions.

6. Considering that the dispute relates to the visitation tights of the Minor Child, the learned Single Judge of this Court has enquired the parties in the Chamber and has issued the following directions:

“(a) The mother will leave the Child at the house of the father between 07.00 p.m. and 08.00 p.m on every Friday. The Father will keep the child with him on Saturday and shall return the child to the Mother on Sunday morning between 07.30 a.m and 09.00 a.m.

(b) If the Father is not available at the residence when the Mother goes there, then it is open to the Mother not to comply with direction (a). The Father shall ensure that, he is with the child throughout the entire period during which he has been permitted to have the custody as per direction (a).

(c) .................

4. If the Mother goes out of Rajapalayam for Conference, etc. she shall intimate the same to the Father and also give the relevant, dates and after ensuring that the Father is available on all those days, she shall leave the Minor Child with the Father. If the Father is not available at Rajapalayam, it is open to the Mother to leave the child with her parents.

5. Whenever the Child is to be left with the Father, it will be the Mother who will take the child to the Father’s House and leave the child there and when it is Father’s turn to return the child to the Mother, the Father shall take the Child and leave her with the Mother. The Mother shall suitably instruct her servants not to stop the Father at the gate on such occasions.”

In the above order, it was made clear that the above directions shall be followed until the Appeal is disposed of by the District Court, Srivilliputhnr.

7. H.M.C.M.A. No. 13 or 2003 was allowed on 20.6.2