S. J. VAZIFDAR, J.

( 1 ) THIS is an Appeal against the order of the learned single Judge dated 30th November, 2004, dismissing the appellants Petition. The appellants have filed the Petition for an order declaring appellant Nos. 1 and 2 as guardians of the ward viz. newly born baby boy namely FARAZ (formerly known as "sohail"); for an order declaring that appellant Nos. 1 and 2 have the legal exclusive and valid custody of the said child and for an order declaring that appellant Nos. 1 and 2 as such will be entitled to take him out of the country to their place of residence.

( 2 ) APPELLANT No. 4 is the wife of appellant No. 3. Appellant No. 2 is the wife of appellant No. 1.

( 3 ) APPELLANT No. 1 is a citizen of India. Appellant No. 2 is a citizen of the united States of America (U. S. A. ). Appellant Nos. 1 and 2 reside in U. S. A. At present they reside in Canada and desire to take the child to Canada. Appellant nos. 1 and 2 were married on 21st January, 1998. Appellant Nos. 1 and 2 have no children. During their visits to Mumbai, they used to stay with the brother-in- law of appellant No. 2 one Subhash Ghai. One Aasia was working as a domestic servant at the said Subhash