JUDGMENT 1. - The minor child Kumari Urmila is present here with her 'Dadi', the paternal grand mother who has been identified by the learned Counsel for the appellants. The son of the respondents No. 1 and 2 Shri Satveer is also present. The matter was heard in chamber. 2. The minor girl Kumari Urmila was specifically asked regarding her desire. Though she is very tender in her age and unable to comprehend and understand the question yet she has expressed her desire to stay with the appellants. She has pointed out that her grand mother who is present in Court today is looking after her. 3. It has been stated by the appellant that Kumari Urmila, the minor girl, is at present studying in the village school in Class-II. 4. Prima facie, it appears that the financial position of the appellants is not very sound. Shri Satveer, the son of the respondents No. 1 and 2, who has appeared before the Court, has stated that in case the custody is given to the respondents, who are the maternal grand parents ('Nana' and 'Nani'), they will take due care and bring her up in a befitting manner. The minor Kumari Urmila does not recognise Shri Satveer or any other person in the family of the respondents as there has been no contact between the families on account of the death of mother of the minor girl Kumari Urmila who was married to Birbal, the respondent No. 3. 5. Prima facie, it will not be in the interest of minor to separate from her grand parents who are the appellants and her custody is given to the respondents No. 1 and 2 as the 'Dadi' has looked after her from the age of 11/2 years when her mother died. 6. This order would be subject to a periodical review. 7. The respondents are given the right to visit the minor girl Kumari Urmila once every month.
6. This order would be subject to a periodical review. 7. The respondents are given the right to visit the minor girl Kumari Urmila once every month. During the summer vacations, with a view to bring about contact between the families and permit the minor girl Kumari Urmila to get acquainted with the respondents No. 1 and 2 and the family members on her mother's side, it would be open for the respondents No. 1 and 2 to bring the minor girl Kumari Urmila from the house of the appellants and keep her with them between the period of 1st of June to 15th of June in the first instance and leave her back with the appellants at the end of the aforesaid period of 16th of June every year. 8. On subsequent occasions when the schools are closed either for Dashera or winter break, the respondents may apply to the Court for seeking similar directions. 9. Admit. Issue notice to the respondent No. 3 only. 10. The interim order dated 26.6.2006 is confirmed, subject to the above conditions and any further orders that may be passed in the interest of the minor on appropriate applications being filed by either side.Ordered Accordingly. *******