Madras High Court
CRP/6050/2026 of M.Priya Vs S.Karthik on 30 September 2026
CRP No. 6050 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-09-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6050 of 2026
CNR: {HCMA012094582026}
M.Priya
..Petitioner(s)
Vs
S.Karthik
..Respondent(s)
Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the fair and decretal order dated 15.04.2026 passed in IA No.2 of 2025 in G.W.O.P. No.68 of 2024 (on the file of Principal District and Sessions Judge, Krishnagiri) insofar as it grants enhanced visitation on the 4th Saturday of every month and daily video call access and pass.
For Petitioner(s):
Mr.C.Cheran
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ORDER
This Civil Revision Petition has been filed under Article 227 of Constitution of India against Fair and Decretal order passed in IA.No.2 of 2025 in GWOP. No.68 of 2024 by the Principal District and Sessions Judge, Krishnagiri, dated 15.04.2026 wherein the Court below based on the
CRP No. 6050 of 2026
application filed by the respondent, has extended the communication between the respondent/father and the child by permitting the respondent to make video call for 30 minutes daily at a mutually convenient time.
2. Heard the learned counsel for the petitioner and carefully perused the materials available on record as well as the order passed by the Court below.
3. The respondent filed GWOP.No.68 of 2024 seeking for the custody and guardianship of the child. During the pendency of this petition, an application was filed in IA.No.1 of 2024 seeking interim custody and the same was rejected by the Principle Sessions Judge whereas the Principle Sessions Judge granted visitation rights, by order dated 10.01.2025. The present application was filed in IA.No.2 of 2025 to enhance the visitation rights of the respondent with a view to develop a strong emotional bonding with the child.
4. The petitioner filed a counter and took a stand that the earlier order granting visitation rights is being complied with and that it is not necessary to enhance the visitation rights since the respondent is attempting to influence the mind of the minor child and it will have a serious impact on the mental health of the child.
CRP No. 6050 of 2026
5. The Court below on considering the rival claims came to conclusion that since the earlier order granting visitation rights is proceeding well, the respondent must be given more time to spend with the child to strengthen the emotional bond. Accordingly, the following order came to be passed by the Court below :-
1. The petitioner is permitted to have visitation rights with the minor child on the 2nd and 4th Saturdays of every month from 10.00 am to 1.00 p.m (monthly twice) at the residence of the respondent.
2. The petitioner is permitted to speak with the minor child through video call for 30 minutes daily at a mutually convenient time, without disturbing the routine and studies of the child.
3. The petitioner is permitted to visit the minor child on her birthday and spend time with the child for three hours at the residence of the respondent.
4. All other conditions imposed in the earlier order dated 10.01.2025 shall continue to remain in force.
5. The above arrangement shall be followed by both parties till the disposal of the main GWOP No.68 of 2024.
6. The above order is questioned by the petitioner/wife on the ground that permitting a 30 minutes video call everyday will cause emotional discomfort to the minor child and will result in damaging the vision of the child and already the child is taken for regular eye check-ups. Therefore, the previous arrangement can continue.
CRP No. 6050 of 2026
7. In the considered view of this Court, this Court, in exercise of its jurisdiction under Article 227 of Constitution of India cannot interfere with every other order passed in a case involving visitation rights. The Court below has the advantage of talking with the parties including the child and therefore, the court below will be the best judge to ascertain the welfare of the child.
8. It is quite surprising that the petitioner does not want the respondent to talk with the child through a Video Call on the ground that it will impact the vision of the child. In the present world, everybody including children keeps staring at the mobile phones and ipad for hours together and that will cause more health hazards than the child spending thirty minutes with the father through a video call. Thus, an unnecessary ground has been brought in the present case and this Court has to keep in mind the fact that the respondent is, after all, the father of the child and he has the right to be in touch with the child and strengthen the emotional bonding. The child should not be caught in the crossfire between the husband and wife and it must be ensured that the child gets love and affection from both the father and the mother, irrespective of the personal relationship between the father and mother.
CRP No. 6050 of 2026
9. In the light of the above discussion, this Court does not find any perversity in the order passed by the Court below and accordingly, the same is sustained and this Civil Revision Petition stands dismissed. No costs. 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To The Principal District and Sessions Judge, Krishnagiri
CRP No. 6050 of 2026
N.ANAND VENKATESH, J. RKA CRP No. 6050 of 2026 30-09-2026