The welfare of the child is paramount in custody matters, and visitation rights should be determined based on the best interest of the child. A review petition should only be entertained for a patent error on the face of the record and not as an appeal in disguise.

The petitioner/respondent/husband has filed this Review Application praying this court to review its order dated 20.01.2009 made in CRP.(PD).No.4091 of 2008.

2.Earlier, the respondent/petitioner/wife has filed C.R.P.(PD).No.4091 of 2008 before this Court as against the order dated 111. 2008 in I.A.No.1420 of 2008 in O.P. No.3556 of 2007 passed by the learned First Additional Judge, Family Court, Chennai in directing the respondent/ wife to hand over the child to the petitioner/respondent/ husband on every Sunday at 9.00 a.m. at a common place agreed to by both and the petitioner/husband has been directed to hand over the child to the respondent/wife on the same day at 5.00 p.m. at the same place etc.

3.This court on 20.01.2009 in C.R.P.(PD).No.4091 of 2008 has passed the following order:

"One cannot ignore an important fact that a proceeding in regard to the grant of interim custody of a minor child is a proceeding indeed for the welfare of a child and not a litigation between the parties, in the considered opinion of this Court and viewed in this perspective, a direction issued by the trial Court ordering the revision petitioner/ wife to hand over the child to the respondent/husband on every Sunday at 9.00 a.m. at a common place agreed to by both and that the respondent/husband is directed to hand over the child to the revision petitioner/wife on the same day at 5.00 p.m. at the same place etc., is not for the welfare of the child. However, the visiting right of the respondent/husband (as a father of the child being an interested person) cannot be totally curtailed and therefore, this Court, looking into the facts and appreciating the social conditions and other natural conditions and on overall assessment of the cumulative circumstances of the case and considering the interest of the welfare of the child, in modification of the order passed by the trial Court as an equitable remedy, directs the revision petitioner/wife to hand over the minor child Shreya to the respondent/husband (father) on the first and third Sunday of every month at 9.00 a.m. at a common place agreed to by both parties and that the respondent/husband is directed to hand over the child to the revision petitioner/ wife on the same day at 4.00 p.m. so that it will have an influence on the mental faculty of the minor child to develop for being a grown-up personality in the near future."

4. In the grounds of review, the petitioner/husband has averred that this Court has erred in modifying the order of the Family Court passed in I.A.No.1420 of 2008 much detriment of the petitioner/review applicants right to visit his daughter/child for one day in a week and that the petitioner suffered both physical and mental torture at the hands of respondent/wife since the marriage has been a turbulent one and the torture so inflicted on the petitioner by the respondent/wife has been to such an extent that it traumatised the child a great deal and further that he is keen that the child must be brought up in a peaceful, serene and calm environment and the daughter has developed a parental alienation syndrome and the previous school in which she has been studying has advised the petitioner/father to take the child for a professional counseling and moreover, the petitioners belongings such as certificates, laptop etc. are all in respondent/wifes custody and she has refused to give it back to the petitioner and that the child has been shifted from Vidyodaya Matriculation Academy without consulting the petitioner/husband and that the petitioner/husband has been forced to pay the donation of Rs.65,000/- for admission in the Chettinad Vidyashram School and also that the respondent/wife in order to have total control over the child has got a job as a Teacher in the same school and that the petitioner/husband is neither allowed to meet the child nor the school authorities to enquire about the childs progress and well being and as a matter of fact, the correspondent of Vidy