Visitation rights of a biological parent cannot be denied unless extraordinary circumstances arise; the child's welfare and knowledge of their biological parent are of paramount importance.

O R D E R

The present revision petition has been filed by the petitioner/father in GWOP.No.123 of 2024 on the file of the Additional District Court, Virudhunagar challenging the dismissal of his application seeking visitation rights over his minor daughter.

(A)Factual Matrix:

2.The revision petitioner herein/father got married to the first respondent on 17.02.2019 and they were blessed with a daughter on 21.12.2019. Due to matrimonial discord, they got separated from 07.12.2021 onwards. Complaint's were lodged before All Women Police Station and an F.I.R was registered in Crime No.15 of 2022 as against the husband on 23.04.2022. The husband had filed HMOP.No.112 of 2022 seeking restitution of conjugal rights. The wife had filed HMOP.No.130 of 2022 seeking divorce. The wife had filed DVC.No.14 of 2023 seeking certain reliefs. After withdrawing both HMOPs, the parties had filed HMOP.No.184 of 2023 seeking divorce on mutual consent. The divorce decree was granted on 31.10.2023.

3.The first respondent herein had got remarried to the second respondent on 21.04.2024. The petitioner had filed GWOP.No.123 of 2024 on 14.06.2024 seeking custody of the minor child from the first respondent. Pending GWOP, the revision petitioner has filed I.A.No.1 of 2024 seeking visitation rights over his minor daughter on the first Sunday of every month in a place to be decided by the Court. This application was resisted by the first respondent/former wife. The learned Additional District Judge, Virudhunagar has dismissed the said application. Challenging the same, the present revision petition has been filed by the father.

(B)Contentions of the parties in I.A.No.1 of 2024 before the trial Court are as follows:

4.The father had contended that he had paid a sum of Rs.7,00,000/- as permanent alimony to his wife. He has also deposited a sum of Rs.20,00,000/- as fixed deposit in the name of his daughter and handed over the bond to his former wife. The divorced wife has got remarried to the second respondent within six months from the date of divorce. At the time of marriage, the second respondent has already having 10 years old son through his first marriage. In such circumstances, apprehending that his former wife may not take care of his daughter, had filed GWOP seeking custody. It was further contended that many attempts were made by the father to meet his daughter. However, his former wife had refused to pick up the calls and lodged a police complaint. Therefore, out of love and affection in order to have visitation rights, pending disposal of GWOP, the present application has been filed.

5.The first respondent herein/former wife of the petitioner had filed a counter contending that the son of the second respondent through the first marriage has already been given in adoption to his brother. Therefore, the second respondent is showering his entire love and affection only to the minor daughter who is the subject matter of GWOP. It was further contended that the stepfather had developed a bond and relationship with her daughter and if the biological father is introduced, that is likely to break the said relationship.

6.It was further contended by the first respondent that the petitioner has inflicted several mental cruelty during the matrimonial life which has resulted in filing of the criminal complaint. In order to wreck vengeance, the father is utilizing this application to disturb her matrimonial life. It was further contended that the father is continuously making unnecessary calls and when the phone number was blocked, he used to call through the other phone numbers, thereby causing unnecessary problem to the