IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice S. SOUNTHAR
J.K.MERLIN – Appellant
Versus
R.DIVAKARAN – Respondent
##PAGE1##
C.R.P.No.4056 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.12.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.No.4056 of 2024
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
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##PAGE2##C.R.P.No.4056 of 2024
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.
2. The 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.
3. The learned counsel appearing for the petitioner would submit that
taking advantage of the order passed in the visitation rights application, the
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##PAGE3##C.R.P.No.4056 of 2024
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.
4. The 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.
5. The 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.
6. Taking 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
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##PAGE4##C.R.P.No.4056 of 2024
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.
7. Taking 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.
8. With 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
Neutral Citation : Yes / No
dm
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##PAGE5##C.R.P.No.4056 of 2
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