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Venkatesh K (Businesses)     31 July 2026

What is the appropriate approach for enforcement of the visitation order?

I am the father of a 3-year-old minor daughter. By order dated 29.01.2026, the Family Court granted me visitation rights on the 2nd and 4th Sundays of every month between 10:00 A.M. and 12:00 Noon. During the first visitation held on 14.02.2026 at Sri Subrahmanya Swamy Temple, my mother and I attended the visitation. However, the respondent remained at the venue for only about one hour and did not permit me to touch my minor child, allowing me only to see the child. Thereafter, the respondent failed to comply with the visitation order. Accordingly, on 12.05.2026, I filed I.A. under Section 28A of the Hindu Marriage Act, 1955 seeking enforcement of the visitation order. The respondent filed a counter on 23.07.2026 making serious allegations against me and my mother, alleging that we applied an unknown black liquid into the mouth of the minor child and attempted to kill the child during the visitation. The respondent has further alleged that the child was admitted in an emergency condition and remained under continuous medical monitoring for 10 days. I have categorically denied all the allegations. I possess continuous video recordings of the entire visitation, which show that I was not even permitted to touch my child. The respondent has not filed any medical records along with the counter. The matter is now posted on 06.08.2026 for submission of evidence. I seek your opinion on the following: If the respondent produces medical records, should I request the Court to summon the treating doctor for examination? If the respondent does not produce any medical records, my advocate's opinion is that, in the absence of supporting evidence, will pray the the Court should simply enforce the visitation order. However, I am considering requesting the Court to direct the concerned hospital to produce the complete medical records so that the true medical condition of the child is placed before the Court before further visitation is implemented, especially since I apprehend that similar allegations may be repeated during future visitations. Kindly advise which approach would be legally and strategically more appropriate.


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