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2026 Supreme(Online)(Mad) 31135

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
D.Dwarakesh – Appellant
Versus
Manisha Dwarakesh – Respondent
CMP NO. 5949 OF 2026 | I.A No. 6 of 2025 in O.P No. 3371 of 2024



Advocates:
For the Petitioner(s): Mr.A. Saravanan
For the Respondent(s): Mrs. P. Srividhya

Mother entitled to child visitation rights for 7-year-old upon court order compliance.

Headnote:First Paragraph: The petition challenges an order under Article 227 of the Constitution in family proceedings involving child custody visitation rights, invoking Order 39 Rule 1 & 2 CPC for interim relief. Essential facts include the child being aged 7 years, with the mother taking the child from home in compliance with court directions, showing no violation. The court found no non-compliance by the mother and upheld her entitlement to visit the child, rendering the objection unsustainable and warranting no interference with the trial court's order. Second Paragraph: The key issue framed is whether the mother's actions violated court orders and if interim injunction under CPC was warranted. The ratio decidendi emphasizes compliance by the mother, the child's tender age of 7 years, and the mother's natural right to visitation, making the petitioner's application unacceptable. Last Paragraph: Accordingly this Revision Petition is dismissed. Further, the Trial Court is directed to dispose of the O.P within a period of 8 weeks from the date of receipt of a copy of this Order without making unnecessary adjournments.

Table of Content
1. petition challenges family court interim order. (Para 1)
2. parties heard in court. (Para 2)
3. mother complied; entitled to child visitation. (Para 3)
4. petition dismissed; expedite trial. (Para 4)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-03-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 5949 OF 2026 D.Dwarakesh Petitioner(s)

Vs Manisha Dwarakesh Respondent(s)

PRAYER This Civil Revision Petition has been filed under Article 227 of Constitution of India, seeking to set aside the order and decreetal order passed in I.A No. 6 of 2025 in O.P No. 3371 of 2024 on the file of the I Additional Principal Judge, Family Court, Chennai.

For Petitioner(s): Mr.A. Saravanan For Respondent(s): Mrs. P. Srividhya

ORDER

This Civil Revision Petition has been filed seeking to set aside the order and decreetal order passed in I.A No. 6 of 2025 in O.P No. 3371 of 2024 on the file of the I Additional Principal Judge, Family Court, Chennai.

2. Heard the submission of the learned counsel for the parties.

3. Both parties appeared before this Court. On enquiry, it reveals that the respondent/mother of the child used to take the child from the home of the revision petitioner and she complied with the order as directed by the court and there is no violation on her part. Since, the respondent complied with the order without any deviation, the Civil Revision Petition as such is not acceptable one for the reasons that child is aged about 7 years. As a mother, the respondent is entitled to visit child. Therefore, the objection raised to that effect is not sustainable. Even the application filed by the petitioner by invoking Order 39 Rule 1 & 2 of CPC as such, is not acceptable one. Therefore, the reason assigned by the Trial Court requires no interference.

4. The Civil Revision Petition as such is not acceptable one for the reasons that child is aged about 7 years. As a mother, the respondent is entitled to visit child. Therefore, the objection raised to that effect is not sustainable. Accordingly this Revision Petition is dismissed. Further, the Trial Court is directed to dispose of the O.P within a period of 8 weeks from the date of receipt of a copy of this Order without making unnecessary adjournments. No costs.

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