Madras High Court
CMA(MD)/1447/2026 of Duvannadhan Vs Vency on 22 September 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.09.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MRS.JUSTICE M.D.SUMATHI
CMA(MD) NO. 1447 of 2026
{CNR: HCMD011342672026}
Case QR
and
C.M.P.(MD)No.13304 of 2026
Duvannadhan
... Appellant
Vs.
Vency
... Respondent
Prayer : Civil Miscellaneous Appeal filed under Section 19 of Family Courts Act, to allow the present Appeal Petition and modify the final order and judgment dated 16th June 2026 passed in H.M.O.P.No. 620 of 2023 and Incorporate and restore the direction granting the Appeal Petitioner daily video conferencing rights with his minor children, AadhiGuru and Aarudhran, for a duration of 30 minutes between 6.00 PM and 7.00 PM and rest of the order as stated in the Interim Application No.2 Order, as was originally directed by this Court in its order dated 13th June 2025 in Interim Application No.2 of 2024.
For Appellant
: Mr.Duvannadhan,
Party-in-person
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JUDGMENT
(By G.R.Swaminathan, J.) Heard the appellant in person.
2. The marriage between the appellant and the respondent was solemnized on 07.05.2017 at Swamythoppu as per Hindu rites and customs. Two children were born through the wedlock. The marital relationship came under strain. The respondent instituted H.M.O.P.No.620 of 2023 on the file of the Family Court, Kanniyakumari at Nagercoil for dissolving her marriage with the appellant. The appellant herein filed an IA under Section 26 of the Hindu Marriage Act, 1955 for visitation rights. The Family Court passed an order on 13.06.2025 permitting interaction through virtual mode. Aggrieved by the same, the appellant filed C.R.P.(MD)No.1750 of 2025 before the Madurai Bench. The learned Single Judge vide order dated 24.06.2025 dismissed the CRP. Aggrieved by the same, the appellant herein filed SLP(C)No.26221 of 2025 before the Honourable Supreme Court of India. Before the Honourable Supreme Court of India, consensus was arrived at in the matter of divorce. The parties decided to part by mutual consent. Recording the said consensus, the Honourable Supreme Court disposed of the SLP. Vide order dated 16.04.2026, the marriage between the parties was dissolved by a decree of divorce by mutual consent. As regards the custody and visitation rights, liberty was granted to the appellant to file a comprehensive petition before the appropriate forum. Availing the said liberty, the appellant herein has since filed G.W.O.P.No.595 of 2026 before the Family Court, Kanniyakumari at Nagercoil. As an interim arrangement, the appellant was permitted to have a physical interaction with the minor children between 10.00 am to 1.00 pm on the last Sunday of every month at the Mediation Center situated at Kanniyakumari. In the light of the aforesaid order passed by the Hon'ble Supreme Court, the Family Court disposed of H.M.O.P.No.620 of 2023 on 16.06.2026. The appellant herein reminded the Family Court that he was earlier permitted to have interaction with his children through virtual mode everyday for about 30 minutes between 6.00 pm to 7.00 pm. He wanted the said arrangement to be restored. This request was not accepted by the Family Court. Hence, this appeal has been filed before us.
3. It is true that an arrangement was worked out by the Family Court in the first instance with regard to the visitation rights of the appellant herein. But then, the appellant did not feel satisfied with the same and filed CRP before the Madurai Bench and then, travelled all the way upto New Delhi. The Honourable Supreme Court of India had disposed of the matter. It means that the all the earlier orders passed by this Court as well as the Family Court stand superseded. However, the Honourable Supreme Court has preserved the rights of the appellant. Therefore, if the appellant wants to have a daily interaction as originally mandated, it is for him to file a fresh IA before the Family Court in G.W.O.P.No.595 of 2026. If any such IA is filed, it shall be dealt with on merits and in accordance with law. The fact that this Court did not intervene will not come in the way. Be that as it may, since the appellant is anxious that the guardianship and custody OP should be disposed of, we direct the learned Family Court, Kanniyakumari at Nagercoil to dispose of the G.W.O.P.No.595 of 2026 within six months from the date of receipt of a copy of this order. We make it clear that we will not entertain any request for extension of time.
4. This civil miscellaneous appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (M.D.S. J.,) 22.09.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 24.09.2026. To: The Family Court, Kanniyakumari At Nagercoil.
G.R.SWAMINATHAN, J. and M.D.SUMATHI
, J.
ias C.M.A.(MD)No.1447 of 2026
22.09.2026