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