Time Alone Would Be the Healer - Child Cannot Be Deprived Of Love Of Father: Madras High Court Grants Supervised Visitation to Father After Six Years’ Gap

“The child cannot be deprived of the love of the father, irrespective of whatever disputes are going on between the father and the mother” — Madras High Court restored a father’s right to see his 10-year-old son, setting aside a trial court order that had dismissed his application for visitation during the pendency of a divorce case.

Justice P.B. Balaji held that the stage or delay in divorce proceedings could not be a reason to deny contact, emphasising that the child’s welfare is paramount and that building rapport with both parents is vital unless shown to be against the child’s interest.

The petitioner, P. Kalenthirababu, had sought permission to meet his son, now in middle school, but the Sub Court, Alandur, rejected the plea. On revision, the High Court referred the matter to the Tamil Nadu Mediation and Conciliation Centre, where the child was produced before a mediator.

The mediator’s report revealed that the boy was initially “nervous, distressed and fidgety” when the topic of his father came up, responding only with nods. However, after playing a puzzle game, he relaxed and engaged in general conversation with his father for over 20 minutes. The mediator suggested that if visitation was granted, it should be under the watch of a neutral professional to avoid distress.

Justice Balaji observed: “Naturally, when the child is in the care and custody of one of the warring spouses, it is very likely that the spouse with whom the child resides is… prejudicing the mind of the child. The reaction of the child… will have to be taken into account while permitting visitation.”

Rejecting the mother’s argument that the father approached the court too late in the matrimonial case, the Court said such timing “is not germane” to the decision. It noted that the father’s 2019 attempts to meet his son were not denied in the wife’s pleadings, and that after years apart, the fact the child could converse comfortably for 20 minutes showed scope for rebuilding trust.

“Time alone would be the healer,” the judge wrote. “The child cannot be deprived of the love of the father… unless it is shown that it would not be in the interest or welfare of the child.”

The Court ordered supervised visitation twice a month — on the second and fourth Sundays, from 10 a.m. to 12 p.m. at Phoenix Mall, Chennai — under the supervision of clinical psychologist Ms. Madhumitha, with a fee of ₹6,000 per session to be paid by the father. The arrangement will run for three months, after which the psychologist will report to the Sub Court on the father–son interaction.

Liberty was given to the father to seek further or modified visitation orders under Section 26 of the Hindu Marriage Act after the divorce case concludes. The Court also directed the Sub Judge, Alandur, to dispose of the divorce petition within four months.

Date of Decision: 28 July 2025