Mohamed Ziaudeen vs Seema Nasrin

T.V.Thamilselvi, J

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.

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.

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 respondent has entered appearance and is contesting the proceedings through counsel.

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.

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.

Registry is directed to mark a copy of this order to the said Police Station as well as to the learned lower court counsel .

Post the matter on 12.06.2026.