M. KAVITHA MARY Vs. J. ANTONY JERALD JOSEPH

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the Docket order dtd. 23/4/2021 passed by the Family Court at Chengalpattu in I.A.No.3 of 2019 in FCIDOP.No.16 of 2019.

(2.) The marriage between the petitioner and the respondent was solemnized on 17/9/2015 as per the Christian Rites and Customs. A female child born from and out of the wedlock between the petitioner and the respondent and now aged about 6 years. The minor girl child is now with the custody of the petitioner, who is the mother. Due to misunderstanding, the petitioner and the respondent are living separately. The petitioner is residing at Chengalpet and the respondent is residing at North Koratoor, Chennai. The petitioner/wife filed I.D.O.P.No.16 of 2019 for divorce, which is now pending on the file of the Family Court at Chengalpet. The respondent/husband filed an Interlocutory Application in I.A.No.3 of 2021 in FCIDOP.No.16 of 2019, seeking Visitation rights to visit the minor girl child. The Family Court, Chengalpet, adjudicated the issues and granted visitation right to the respondent to visit the minor child on every Sunday from 10 a.m to 1 p.m (3 hours). Challenging the said order, the petitioner/wife filed the present Civil Revision Petition, raising certain allegations against the respondent.

(3.) The matrimonial dispute between the petitioner/wife and the respondent need not be a bar for granting visitation right to the husband, who is the father of the minor child. Contrarily, the visitation right may pave way for resolving the matrimonial issues and more so, the respondent being the father of the minor child, is entitled to have visitation right.