N. P. SINGH, J. ( 1 ) -THIS appeal arises out of the order dated 3. 12. 1994 passed by the civil Judge, Class-I Panna in Guardianship case No. 2 of 1994. allowing the application of the respondent filed under Section 10 of the Guardian and Wards Act, 1890 (hereinafter referred to as the 'act') restoring the custody of the minor son to the respondent. ( 2 ) ON 22. 5. 1994 the respondent, husband of late Rita Khare, who was a teacher in the Government School, moved an application under Section 10 of the Act before the court of Civil Judge, Class-I, Panna for restoration of the custody of his minor son Mohil. In the petition the respondent alleged that smt. Rita Khare was his legally wedded wife and a son named Mohil was born to her out of the wedlock. Rita Khare died on 15. 6. 1993 in Chhatarpur Hospital leaving behind her son Mohil aged about seven months. After the death of Rita Khare the respondent handed over the custody of his minor son to the appellant No. 1, his mother-in-law, i. e. mother of late Rita Khare, to take care of his son, as there was no one to take care of his minor son during his absence while he was on his official duties. ( 3 ) THE petition was resisted by the appellant No. 1, mother-in-law of the respondent, contending that at time of the death of her daughter, her son Mohil was only few months old and the appellant No. 1 brought the boy for his nourishment at her place. The respondent never visited the boy nor he ever bothered to enquire about the welfare of his son mohil. The respondent was more interested in encashing GPF and OIS amount payable or account of the death of his wife in harness than the welfare of his son and he moved an application in the Court of District Judge. Chhatarpur for grant of succession certificate in respect of debt and sureties of his wife Rita khare. The appellants intervened in the petition and made a request that the debt and sureties payable on account of the death of rita Khare should be deposited in Fixed Deposit Scheme in any nationalised bank in the. Chhatarpur for grant of succession certificate in respect of debt and sureties of his wife Rita khare. The appellants intervened in the petition and made a request that the debt and sureties payable on account of the death of rita Khare should be deposited in Fixed Deposit Scheme in any nationalised bank in the. name of her minor son Mohil and the respondent be not allowed to withdraw the amount until the boy attains the age of his majority. She further contended that Mohil is aged only two years and he is happily living with her and getting love and affection and proper care. The boy would not get the same amount of love and affection and care at the place of his father/respondent on account of the preoccupation of the respondent in his official duties. ( 4 ) THE trial court allowed the application of the. respondent for the guardianship and recustody of his minor son Mohil. ( 5 ) MR. A. S. Raizada, counsel for the appellants, has contended that nodoubt the respondent is the natural guardian of the boy. but in absence of any female member in the house of the respondent; the boy would not get the same love and affection which, he is getting from his maternal grandmother/appellant No. 1. The respondent will be at liberty to visit his son as and when desired by him and the appellants will be happy to receive him at their place. The appellant No. 1 would never claim any amount payable to her grandson on account of premature death of his mother. She would provide him best possible education for the proper development of the personality of the boy in order to be a good citizen. ( 6 ) MR. S. K. Dwivedi, counsel for the respondent, on the other hand, has contended that the respondent has been transferred to his native place at Panna and he has a joint family consisting of his parents and brothers. The boy would not be deprived of his proper love and affection. ( 7 ) IT is settled that in a case of guardianship of a minor child the paramount consideration is welfare of the child. The boy would not be deprived of his proper love and affection. ( 7 ) IT is settled that in a case of guardianship of a minor child the paramount consideration is welfare of the child. No doubt the respondent is the natural guardian of the boy but he never bothered to take care and enquire about the welfare of the boy till the date of filing of the application, who is happily' living with his Nani and getting proper love and affection and is sentimentally attached with her. ( 8 ) ADMITTEDLY, the boy has been brought up by the appellant/nant from his infancy and he has developed intimacy with his Naniappellant No. 1. The appellant No. 1 is also sentimentally attached to the boy on account of the death of his daughter, who died at a very young age in. mysterious circumstances at the place of the respondent. ( 9 ) KEEPING in view of the tender age of the boy and that naturally he would feel uneasy among the strangers, if the custody of the boy is handed over to the respondent/ father. It is. therefore, desirable in the interest of the boy that he should remain in the custody of the appellant No. 1 till he attains the age of. majority. It will, however, be open to the respondent/father of the boy to visit the boy as and when he desires and to meet the expenses on his education. The appellants will not prejudice the mind of the boy against his father/respondent and will not create any obstacle in the meeting of the boy with his father/respondent. ( 10 ) FOR the. reasons mentioned above, the impugned order cannot be sustained. Accordingly it is set aside and in the result the appeal is allowed. Appeal allowed. .