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2025 Supreme(Online)(Mad) 74865

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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