Visitation Right Of Parents Should Not Affect Development Child: Madras High Court

Justice M Jothiraman reiterated that while dealing with cases pertaining to visitation rights, the court's paramount consideration should be the welfare of the child. The court added that though the parents had a visitation right, it should not disrupt the child's development.

“The Court has to ensure visitation rights to the biological parents in a manner known to law. When the custody of the child is entrusted to one of the parents, well being of the child should be taken into consideration while granting the right of visitation to another. Welfare of the child alone is of paramount consideration while dealing with cases pertaining to grant of visitation rights. No doubt the respondent / father is entitled for visitation rights, but at the same time, it should not disrupt the child's schooling, physical, moral, emotional and intellectual development,” the court said.

The court was hearing a civil revision petition filed by a mother. The mother had initially filed an application under Section 13(1)(ia) and Section 25 of the Hindu Marriage Act for divorce and for granting a sum of Rs. 75,00,000/ towards permanent alimony. While the case was pending, the father had filed an application under Section 26 of the Act for visitation rights to see the minor daughter. The court allowed the father's application and directed the child to be produced at the Child Care Centre attached to the Family Court at Chennai on the 1^st and 3^rd Saturdays of every month between 11:00 am and 2:00 pm. The mother had filed the appeal challenging this order.

The mother submitted that though she had filed an application in February 2023 for maintenance of the minor daughter, the father had not paid a single rupee towards the child's maintenance to date.

The mother also pointed out that she was residing at Hosur along with her daughter and had to avail leave from work to attend the hearing before the family court. It was submitted that it was extremely cumbersome and was causing serious strain to the tender child who was made to travel from Hosur to Chennai every Saturday enabling the father to visit the child. The mother argued that the order allowing visitation rights was against equity and justice.

It was submitted that a mother, maintaining a child without the support of the father, ought not to have been directed to bring her child to Chennai on her own cost to enable the father to visit the child, without any responsibility tagged on him.

The father, on the other hand, submitted that there was a threat to his life from the woman's side since her father was an influential person in the locality and there was apprehension for his life when he went to Hosur. He submitted that he was ready to visit the child at Vellore, which was a common place for both of them.

The court observed that while granting the visitation right, courts should assess the ability of the parents to provide suitable environment. The court added that the age of the child, maturity and her wishes should be taken into account and the child' best interest would take precedence over those of the parents or guardians.

In the present case, the court opined that the child would face physical and psychological hardship if she was permitted to travel from Hosur to Chennai to facilitate the father's visitation rights. The court thus modified the order of the Family Court and directed the child to be produced before the Child Care Centre attached to the Family Court at Krishnagiri.

Counsel for the Petitioner: M/s. K. Sumathi

Counsel for Respondent: Mr. K. Chandru

Case Title: P v. S

Citation: 2025 LiveLaw (Mad) 351

Case No: CRP.No.3407 of 2023