Citation : 2026 Latest Caselaw 2286 Mad
Judgement Date : 30 April, 2026
CRP No. 2735 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-04-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 2735 of 2026 Mohamed Ziaudeen S/o Abdul Kader, Res at No.12, Thirumurugan Nagar, 3rd Cross Street, Porur, Thiruvallur 116.
..Petitioner(s) Vs Seema Nasrin W/o. Mohamed Ziaudeen, D/o. Sowkath Ali, D.No.63/1, Annai Indra Nagar, Chinnakollapatti, Salem 8.
..Respondent(s)
To direct the Honble Family Court, Salem to dispose the Application in IA.No.3 of 2026 in G.O.P.No.93 of 2026 pending on its file within the time frame fixed by the court and pass such other orders that this Honourable Court may deem fit in the facts and circumstances of the present case and thus render justice
For Petitioner(s): MR.Navod Prasannan
For Respondent(s):
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Order
Before the Trial Court, the petitioner/father had filed I.A. No. 3 of 2023
seeking interim visitation rights to be with the minor daughter from 8.00 a.m. to
1.00 p.m. on every weekend. The said application was contested by the
respondent by filing objections.
2. Pending the said proceedings, the petitioner/father also filed a memo
on 08.04.2026 stating that, in view of the commencement of summer vacation,
he may be permitted to take the child from Salem to Chennai for the period
from 23.04.2026 to 30.04.2026, in order to spend time with the child during
vacation. However, without considering the said request, the Trial Court
adjourned the matter to 06.06.2026, i.e., after the vacation period. Aggrieved by
the said adjournment, the present revision has been filed.
3. The learned counsel for the petitioner would submit that the petitioner,
being the father, sought a limited period of visitation during the summer
vacation, which would otherwise be rendered infructuous by the adjournment,
and that the Trial Court failed to consider the urgency of the relief sought.
4. On perusal of the records, it is seen that the petitioner has also filed
G.O.P. No. 93 of 2026 before the Family Court, Salem. The minor daughter,
aged about 7½ years, is presently in the custody of the respondent/mother. The
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respondent has entered appearance and is contesting the proceedings through
counsel.
5. Considering the facts and circumstances of the case, and in the interest
of the minor child, this Court is of the view that limited interim visitation can be
granted to the father during the vacation period.
6. Accordingly,
(i) the petitioner/father is permitted to have custody of the minor child
from 04.05.2026 to 14.05.2026. During the said period, the petitioner shall stay
at Salem along with his parents and spend time with the child.
(ii) Before taking custody of the child, the petitioner shall intimate the
respondent/mother. The respondent/mother is also permitted to interact with the
child through video calls during the said period.
(iii) Both parties shall ensure that no inconvenience or annoyance is
caused to each other at the time of handing over and taking custody of the child.
(iv) In case of any difficulty, both parties are at liberty to approach the
this Court, which shall entertain such request, if made, even during this period.
(v) Since the address of the respondent falls within the jurisdiction of the
Chinnakollapatti Police Station, the handing over and taking over of the child
shall take place in the presence of the Station House Officer of the said Police
Station.
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7. Registry is directed to mark a copy of this order to the said Police
Station as well as to the learned lower court counsel .
8. Post the matter on 12.06.2026.
30-04-2026 JRS
Note: Issue the order copy today.
To
1. The Family Court Judge, Salem.
2. Seema Nasrin W/o. Mohamed Ziaudeen, D/o. Sowkath Ali, D.No.63/1, Annai Indra Nagar, Chinnakollapatti, Salem 8.
Copy to:
The Station House Officer, Chinnakollapatti Police Station, Salem.
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T.V.THAMILSELVI J.
JRS
30-04-2026
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