( 1 ) THIS appeal arises under the Guardians and Wards Act No. 8 of 1890 as to the custody of a child born on 1/10/1970. His name is Mohd. Aquil Ahmed Ansari alias suheel in 1982 he is studying in VI th Class in the city of Hyderabad in standard public school at Kilwat at Lad Bazar. The parents of the child were married on Jam, 8, 1970 and were divorced on 28/12/1970. The wife married again on 30/08/1974 to one jawood Ali and left for saudi Arabia on 29/11/1976 she has three issues from the second marriage: the husband also re-married on 11/12/1975 and has another son by the second wife.

( 2 ) THE father of the child by application on 12/06/1973 sought the custody of his child, principally, on the ground that he is the legal guardian. In the application, he alleged his father, Mohd. Barket Ahmed ansari, mother Mukdoom Bee. His second wife, Aliya all are willing to take the custody of the child that among his three brothers Mohd. Khaleel ahmed Ansari , isiter, Zubaida Begum, the two in addition, are willing to look after the child. It is alleged, the mother left the child to her parents. Between the parties, an agreement on 28/12/1970 was referred wherein the parents in