B.Kannan v. S.Deepa
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10/07/2025
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.1400 of 2022 and CMP(MD) No.5813 of 2022 B.Kannan ... Petitioner Vs 1.S.Deepa 2.Minor K.Aarthi 3.Minor K.Harini ... Respondents PRAYER :-Civil Revision Petition filed under Article 227 of Constitution of India, against the award dated 11.09.2021 passed in Lok Adalat (Organised by Taluk Legal Services Committee, Virudhunagar) in M.C.No.3 of 2021 on the file of the Judicial Magistrate, Court, No.I, Virudhunagar.
For Petitioner : Mr.M.Kannan For Respondent : Mr.VR.Shanmuganathan
ORDER
The Civil Revision Petition is filed against the award dated 11.09.2021 passed in Lok Adalat (Organised by Taluk Legal Services Committee, Virudhunagar) in M.C.No.3 of 2021 on the file of the 1/5
Judicial Magistrate, Court, No.I, Virudhunagar.
2. The petitioner is the husband and the first respondent is the wife and the respondents 2 and 3 are their daughters. The marriage between the petitioner and the first respondent was solemnized on 20.08.2006. However, due to matrimonial discard, the petitioner filed HMOP No.115 of 2015 for restitution of conjugal rights and the 1st respondent filed HMOP No.141 of 2015 for dissolution of marriage. The first respondent also filed a maintenance case in MC NO.3/2021 before the Judicial Magistrate, No.I, Virudhunagar, and a compromise had been arrived at between the parties before the Lok Adalat on 11.09.2021. The petitioner's grievance is that while the award in MC No.3 of 2021 speaks about the maintenance to be paid, the same is silent with regard to the visitation rights. Therefore, the petitioner is before this Court.
3. The learned counsel for the petitioner would submit that the elder daughter is pursuing first year degree course, while the 2nd daughter is pursuing her schooling in Ramco Vidyalaya near Irukkankudi Mariamman Koil and the petitioner may be granted visitation rights to 2/5
see his 2nd daughter after school hours and visit his elder daughter at college or hostel with consent.
4. The learned counsel for the 1st respondent would submit that they have no objection for the said visitation, however, it is submitted that the petitioner has not yet paid the maintenance amount and arrears as ordered by the Court below.
5. I have considered the rival submissions and perused the materials available on record.
6. Considering the facts and circumstances of the case, the Civil Revision Petition is disposed of in the following terms: The petitioner being the father is entitled to visit his children. Accordingly, the petitioner shall visit his younger daughter every Friday between 5 and 6 pm., at Ramco Vidyalaya Higher Secondary School and also entitled to visit his elder daughter at college or hostel with consent and the visitation right is subject to the condition that the petitioner shall deposit the entire arrears as per the Lok Adalat award. It is brought to 3/5
the notice of this Court that out of Rs.10 lakhs arrears, the petitioner has already deposited Rs.2 lakhs and the balance of Rs.8 lakhs, will be deposited by him on or before 09.08.2025. The petitioner is directed to pay the monthly maintenance of Rs.8,000/- from 11.09.2021 till 09.07.2025 and continue to pay the same. It is made clear that after depositing the entire arrears, as ordered, the petitioner is entitled to visit his children as aforesaid.
No costs. Consequently connected Miscellaneous Petition is closed. 10.07.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Judicial Magistrate, Court, No.I, Virudhunagar. 2.VR Section Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI,J RR
ORDER
IN CRP(MD) No.1400 of 2022 Date : 10/07/2025 5/5