Judgment :

P. Sathasivam, J.

1) This appeal, pertaining to the custody of a minor child, is directed against the final judgment and order dated 17.10.2007 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in First appeal No. 501 of 2007 whereby the High Court reversed the judgment and order dated 16.04.2007 passed by the District Judge, Yavatmal, Maharashtra.

2) Brief facts:

(a) On 03.06.2002, the marriage of the respondent was solemnized with Kaveri, the daughter of the appellant herein. Out of the said wedlock, on 23.03.2003, a son, namely, Vishwajeet @ Sangharsh was born. After giving birth to son, on the same day, the respondent's wife died due to excessive bleeding. Vishwajeet is residing with the appellant-maternal grandfather and his family since his birth. After the death of his wife, the respondent contracted second marriage and also has a son from the second marriage.

(b) On 07.08.2003, the appellant-maternal grandfather of the minor filed an application in the Court of District Judge II, Yavatmal, Maharashtra under Section 7 of the Guardians and Wards Act, 1890 (hereinafter referred to as `Act 1890') being M.J.C. No. 10 of 2003 for appointing him as guardian of the minor Vishwajeet. The said application was opposed by the respondent and, on 15.10.2003, he also filed an application under Section 25 of the Act 1890 being M.J.C. No. 12 of 2003 for the custody of his son. The District Judge by a common judgment dated 16.04.2007 in both the proceedings, allowed the application filed by the appellant herein and appointed him as a Guardian of Vishwajeet till he attains the age of 12 years and directed him to deposit the amounts inheritable by the minor due to the demise of his mother, in any Nationalized Bank in Fixed deposit in the name of minor, which may be renewed from time to time till he attains majority and also directed that nobody can withdraw the principal or interest amount without prior permission of the Court. The District Judge further directed the newly appointed guardian to allow the respondent-father to meet the minor once in a month. The application filed by the respondent was dismissed by the District Judge with the liberty to file such application after completion of the age of 12 years by the minor.

(c) Aggrieved by the said order, the respondent herein filed First Appeal No. 501 of 2007 in the High Court of Bombay, Nagpur Bench, Nagpur. On 17.10.2007, the learned single Judge of the High Court allowed the appeal filed by the respondent herein and directed the appellant herein to hand over the custody of the child to the respondent. Challenging the said order, the appellant has preferred this appeal by way of special leave petition before this Court.

3) Heard Mr. Anantbhushan Kanade, learned senior counsel for the appellant and Ms. Anagha S. Desai, learned counsel for the respondent.

4) The appellant herein is the maternal grandfather of the child and the respondent is the father of the child. Since we have already narrated the events for filing the petition for custody/guardian of the child, there is no need to traverse the same once again. Before considering the claim of both sides, it is useful to refer the statutory provisions relevant for our purpose.

5) The Act 1890 consolidates and amends the law relating to guardians and wards. Section 4 of the Act defines "minor" as "a person who has not attained the age of majority". "Guardian" means "a person having the care of the person of a minor or of his property, or of both his person and property". "Ward" is defined as "a minor for whose person or property or both there is a guardian". Sections 5 to 19 of the Act relate to appointment and declaration of guardians. Section 7 thereof deals with "power of the Court to make order as to guardianship" which reads as under:

"7. Power of the court to make order as to guardianship.

--(1) Where the court is satisfied that it is for the welfare of a minor that an order should be made—

(a) ap