JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. The controversy raised in this case relates to the custody of a minor girl, Aaruni K. Jahgirdar, who, as stated by learned counsel for the parties, is about 6 years of age. The petitioner herein is her father and the respondent, her mother. The marriage between the spouses was dissolved by mutual consent on certain terms vide the order dated 17th April, 1999 of the 1st Additional Principal Judge, Family Court at Bangalore. The operative portion of the order reads :

"The petition is all owed:

(a) dissolving the marriage between the petitioners dt.2.6.86 by mutual consent under the provisions of Section13-B of the Hindu Marriage Act;

(b) appointing both the petitioners as joint guardians and custodians of their minor child, subject to conditions as at para 8(d) of the petition."

The conditions agreed between the parties which are relevant for the purpose of the present case, are extracted hereinbelow:

"7. The parties have come to an understanding that they obtain decree of divorce by mutual consent.

8a. The Petitioners have full faith in each other with regard to safety and both are duly concerned about the welfare of the chil