ORDER 1. This appeal has been preferred from an order passed by the High Court of Madhya Pradesh, Jabalpur, confirming an order passed by the Court of Civil Judge on an application filed by Appellant I under Sections 7 and 10 of the Guardians and Wards Act, 1890. 2. Appellant 1 is the grandfather of Appellant 2. Appellant 1s son Ghanshyam had married the respondent and Appellant 2 is their offspring. Ghanshyam was killed in 1992. Appellant 2 who was six years old at that time was residing with Appellant 1. In 1994, the appellant filed an application under Sections 7 and 10 of the Guardians and Wards Act, 1890 before the Civil Judge, Class I, Mahasamund, District Raipur, claiming to be e appointed a guardian in respect of Appellant 2. 3. The application was opposed by the respondent. The Civil Judge held that the welfare of the child lay in his residing with his mother, the respondent herein. When the judgment was delivered in 1997, Appellant 2 was about 10 years old. 4. Being aggrieved by the order of the Civil Judge, the appellant filed an appeal before the High Court. The High Court disposed of the appeal by the impugned order. The Court found as a matter of fact that the child was very keen on staying with his grandparents and terrified of returning to his mother. Nevertheless, it was felt that the child was at a stage where he should remain with the mother. Accordingly, subject to giving certain directions in modification of the order of the Civil Judge the appeal was dismissed. 5. The appellant then brought the matter before this Court. This Court directed an interim stay of the order of the High Court on 17-8-1998. Since then a further six years have passed. Appellant 2 is now about 16/17 years old. He has remained with Appellant 1 all along. Learned counsel appearing on behalf of the respondent mother has fairly stated that now that the child h was old enough to know his own mind, he was free to decide whether he wishes to remain with his mother or with his grandparents. As the grandparents have by reason of interim order or otherwise remained in care and control of the minor Appellant 2 for his entire life, it will not be appropriate to grant custody of the child to the mother at this stage.
As the grandparents have by reason of interim order or otherwise remained in care and control of the minor Appellant 2 for his entire life, it will not be appropriate to grant custody of the child to the mother at this stage. Appellant I, however, will allow the mother to meet the child whenever the respondent approaches them for the purpose. 6. The appeal is accordingly allowed and the decision of the High Court is set aside.