Madrasdated High Court · 2025

Cont.P.No.2514 of 2025Proceedings dated 26.09.2025:The petitioner had filed C.R.P.No.2352 of 2024, challenging the cancellation of visitation rights of the petitioner to visit his daughter on every 1st and 3rd Saturday of a month in the Family Court itself. This Court, by the order dated 06.12.2024, considered the submissions of the petitioner and the respondent and passed the following order. Paragraph No.11 of the order reads as follows:“11. In view of the above, this Revision is allowed and the order dated 18.05.2023 passed in I.A.No.1334 of 2022 in G.O.P.No.22 of 2019, on the file of the Family Court, Puducherry, is set aside and the visitation right granted to the petitioner in 1.A.No.702 of 2019, should be maintained as per the order, dated 30.09.2021. However, liberty is given to the parties to seek further orders, as may be required from time to time, from the Family Court, Pondicherry. The Family Court, to refer the matter for Mediation to resolve the issue between the father and mother of the child, considering the child's welfare and futures as paramount, even if any earlier such exercise got stalled. No costs. Consequently, the connected miscellaneous petition is closed.”2.Thus it is clear that the respondent to bring the child to the Family Court, Puducherry on the 1st and 3rd Saturday of every month. The petitioner, admittedly, is residing and Page No.2 of 15 https://www.mhc.tn.gov.in/judis Cont.P.No.2514 of 2025employed in United Kingdom. For the purpose of meeting his daughter, he travelled from United Kingdom and on following dates he is present before the Family Court, Puducherry:S.No.ArrivalDepartureDuration of Stay118.11.202425.12.20241 Month – 7 days229.01.202505.02.20257 days313.02.202518.02.20255 days427.02.202504.03.20257 days512.03.202518.03.20255 days629.03.202505.05.20251 Month and 1 Week717.05.202526.05.202510 days805.06.202510.06.20255 days919.06.202522.06.20254 daysBut the respondent not bothered and violated the Court’s order, hence committed contempt. 3.In support of his contention, the petitioner had also produced the adjudication from 06.10.2021 to 21.06.2025 to show that the respondent either failed to appear or did not bring the daughter or not allowing the petitioner to have a touch or any interaction with her. The purpose of visitation right is to have a touch and feel of the father with the daughter and the daughter to have love and affection of both the parents, which has been deliberately circumvented and denied by the adamant attitude of the respondent, which is in clear violation of the orders of this Court. Hence, contempt Page No.3 of 15 https://www.mhc.tn.gov.in/judis Cont.P.No.2514 of 2025has been committed. He further submitted that prior to filing this contempt petition, the petitioner had sent a pre-contempt notice and the same was received on 21.06.2025 but there is no reply or denial.4.The learned counsel appearing for the respondent fairly submitted that the respondent received the pre-contempt notice but not replied. He totally denies the allegations of not appearing before the Family Court and not allowing the petitioner to have interaction with his child. It is the child, who is in fearsome of petitioner, had been clinching with the respondent/mother. He also doubts the veracity of the adjudication which was produced by the petitioner in typed set page Nos.51 to 62. He had already made a copy application before the Family Court, Puducherry and he will produce the same by next hearing and also refutes the petitioner’s arrival and departure shown in para 16 i.e., between 18.11.2024 to 22.06.2025.5.The learned counsel for the petitioner submits that he will produce the Passport, Visa stamping to confirm that he was in India during the relevant period.6.The learned counsel for the respondent submitted that the respondent, to show his bonafide, is ready to be present along with the baby by 11.10.2025 and 18.10.2025 before the Family Court, Puducherry.Page No.4 of 15 https://www.mhc.tn.gov.in/judis Cont.P.No.2514 of 20257.In view of the same, the concerned Family Judge, Puducherry is directed to ensure that the petitioner visits his child without any disruption or interruption by the respondent but within the sight of the respondent and ensure that the purpose of visitation is complied with. In an abundant caution, the Family Court, Puducherry to have the entire thing recorded in CC TV camera, which is already available and preserve the same.8.In the meanwhile, the respondent to file his counter. Post the case on 27.10.2025.Proceedings dated 17.10.2025:Today, the learned counsel for the respondent/wife has filed an affidavit stating that this Court by an order dated 26.09.2025, directed the respondent Dr.Meenakshi Sougoumar to appear along with child before the Family Court, Puducherry on 11.10.2025. However, no specific time slot fixed in the said order for the visitation on 11.10.2025 and 18.10.2025. 2.As per the previous visitation order passed by the Family Court in G.O.P; the visitation time was fixed between 11.00a.m and 01.00p.m. It was also informed by the counsel that during the last visit, the court staff had instructed the parties to appear along with the child in the Conference Hall Page No.5 of 15 https://www.mhc.tn.gov.in/judis Cont.P.No.2514 of 2025of Family Court, Puducherry from 09.00a.m., onwards. However, they were made to kept waiting till 06.00p.m in the court premises, except for 2 hours lunch break. Hence, in the interest and welfare of the child, the respondent-wife has requested to specify the visitation time. 3.The learned counsel for the petitioner/husband strongly opposed the contention of the respondent-wife. The petitioner would submit that despite the orders of this Court, the respondent-wife did not allow the child to move with her father/petitioner and the respondentwife was holding the child not allowing to move around. 4.Heard both sides. 5.After hearing the parties on both sides, this Court directs the respondent/wife to bring the child to the Family Court, Puducherry, on 18.10.2025 and leave the child in the custody of her father/petitioner namely Dr.Sabarinath Radhakrishnan, from 11.00 a.m., to 1.00 p.m., The Family Court shall depute a responsible Court Staff to oversee and ensure that the baby is left free. The entire proceedings of the visitation is directed to be recorded in the CCTV camera and the report of the same shall be submitted by the Family Judge, Puducherry, so as to reach this Court on or before 26.10.2025. 6.The learned counsel is directed to communicate this Page No.6 of 15 https://www.mhc.tn.gov.in/judis Cont.P.No.2514 of 2025order to the court below. 7. Post the matter on 27.10.2025. 2.Pursuant to the order passed by this Court on 17.10.2025, a report was received from the learned Judge, Family Court, Puducherry. A scanned reproduction of the report is as follows: Page No.7 of 15 https://www.mhc.tn.gov.in/judis Cont.P.No.2514 of 2025Page No.8 of 15 https://www.mhc.tn.gov.in/judis Cont.P.No.2514 of 2025Page No.9 of 15 https://www.mhc.tn.gov.in/judis Cont.P.No.2514 of 2025Page No.10 of 15 https://www.mhc.tn.gov.in/judis Cont.P.No.2514 of 2025Page No.11 of 15 https://www.mhc.tn.gov.in/judis Cont.P.No.2514 of 2025Page No.12 of 15 https://www.mhc.tn.gov.in/judis Cont.P.No.2514 of 20253.From the report, it is seen that the child was brought by the respondent to the Family Court and the petitioner was also present. Further, it is seen that the child shows some reluctance and emotional issues are involved which cannot be meddelled with and no force can be exerted against the child, passage of time and sustained counselling might bring some behavioural changes on the child and it is for the Family Court to decide.Page No.13 of 15 https://www.mhc.tn.gov.in/judis Cont.P.No.2514 of 20254.In view of the above report, this Court finds that there is no contempt committed as alleged by the petitioner. Accordingly, the Contempt Petition stands closed.10.11.2025Index: Yes/NoSpeaking Order/Non-Speaking Order,Neutral Citation: Yes/No csePage No.14 of 15 https://www.mhc.tn.gov.in/judis Cont.P.No.2514 of 2025M.NIRMAL KUMAR, J.cseCont.P.No.2514 of 2025 10.11.2025 Page No.15 of 15