The welfare of the minor child is of paramount importance in deciding custody matters, encompassing various facets such as education, love and affection, and overall well-being.

R. BANUMATHI,J.

1. Challenge in this appeal is order dated 21.6.2011 made in Application No.916 of 2011 in O.P.No.186 of 2010, whereby the learned single Judge declined to modify the earlier order dated 30.06.2010 in respect of visitation rights of appellant.

2. Marriage of appellant and respondent was solemnized on 27.6.1997 as per Hindu rites and customs. After marriage, the couple moved to Dubai, where the appellant was working and respondent also got an employment as Software Engineer. Out of their wedlock, minor child "Nithyanand" was born on 10.03.2005. The appellant also started a restaurant in 2004 named "Balaji Bhavan" in Dubai and had a very good business. From out of their earnings, appellant and respondent purchased various immovable properties in and around Chennai and in the State of Tamil Nadu. Respondent has a younger sister by name Chitra, who is stated to have been separated from her husband and living with her parents, expressed her interest to come to Dubai to make a living. The said Chitra left her only daughter at her parents house and went to Dubai to live with the appellant and respondent. The said Chitra was taking care of the restaurant. After Chitra went to Dubai, differences arose between the appellant and respondent and relationship between appellant and respondent strained. When the appellant expressed his intention to disinvest from the restaurant, the respondent and her sister lodged a police complaint in Dubai against the appellant alleging that the appellant is trying to grab the restaurant from the respondent's sister - Chitra. In these circumstances, on 23.11.2009, the respondent and her sister left for India with minor child and left the child under the custody of respondent's parents and thereafter respondent and her sister went to Dubai leaving the child in India under the custody of their parents. From then onwards, the couple were living separately in Dubai. After return of the respondent to Dubai, differences deepened. Regarding the immovable properties, there were number of litigations between the parties viz., Suit - O.S.No.140 of 2010 in Principal District Court, Chenglepet and O.S.No.584 of 2010 before the Alandur District Munsif's Court. The appellant had also filed criminal case against the respondent in Dubai for Cheque bounce case. In the said case, Dubai Court found the respondent guilty and she was imposed sentence of three months. Challenging it, the respondent has also preferred appeal. It was stated that while imposing the sentence, the passport of the respondent has been impounded and therefore she is not in a position to move out of Dubai.

3. Thereafter, the appellant filed a Petition for restitution of conjugal rights in Dubai Family Court and the Court recorded that reconciliation was not possible. Child Nityanand continued to be in Chennai with the maternal grand parents. In these circumstances, the appellant had filed O.P.No.186 of 2010 under Section 25 of the Guardians and Wards Act seeking custody of the minor child Nithyanand. In A.No.1246 of 2010, single Judge has passed the order on 30.06.2010 inter alia ordering:-

(i) to let the minor child to talk to the appellant when ever he calls the child over phone;

(ii) parents and the brother of the appellant were permitted to see the child on every Sunday at a common place, which was agreed as Ponniamman koil near the house of parents of respondent at Pallikarani;

(iii) the parents and brother of the appellant or anyone claiming under them not to do anything which will disturb the minor child and the minor child should not be taken out of the temple during their visits.

4. Subsequently, in 2010, number of orders came to be passed on various dates. On 11.01.2011, the single Judge has passed the order permitting the appellant to take interim custody of the child from the office of the counsel for the respondent on every alternative Friday evening and return the child on the following Sunday after surrendering th