The welfare of the child is the paramount consideration in determining custody, and the court must ensure that the child lives in an atmosphere conducive to healthy growth and development.

1. The petitioners are aggrieved by an order dated 15.11.2000 passed by the learned Guardian Judge whereby she allowed an application of the respondent under Section 12 of Guardians and Wards Act and directed the petitioners to handover the custody of the child to the respondent till disposal of the petition filed by the respondent for guardianship.

.2. The brief facts relevant for the purpose of deciding this petition are that the respondent/husband got married to the daughter (Ms. Anupama) of the petitioners on 13.12.1994. This was a love marriage and the parents of the respondent were not agreeable to this marriage. The parents of Ms. Anupama though it seems were not happy with this love marriage, but had participated in the marriage. The parents of husband had not participated in the marriage and only some of his relatives had come in the marriage ceremony. After marriage, husband and wife started living together and a son Master Sarthak was born from this wedlock on 25.11.1996. Ms. Anupama committed suicide when Sarthak was 13 months old. The facts reveal that both husband and wife were working, the parents of the husband were not happy with this marriage and they were not communicating with husband and wife; only parents of wife were in communication with the couple and the couple was visiting the parents of the wife i.e. petitioners. After birth of son Sarthak, due to the fact that the couple was a working couple, they seem to have problem about looking after the child, petitioners came forward to take care of the grandson and grandson was being kept with them. While the respondents contention is that the child was being left with the grandparents before going to office and was being

.picked up in the evening. The contention of the petitioners is that son Sarthak was being brought up by them and the couple used to stay with them at weekends and during this period they used to take care of the child. The petitioners have pleaded that distance between the house of the petitioners and that of respondent was about 30 kms so, first coming to their house and leave the son in the morning then going to job and picking the son in the evening and going back home was practically impossible as this would have meant travelling about 120 kms a day. After the wife committed suicide, the husband gave an affidavit which reads as under: 1. That I was married to Anupma daughter of Shri Ram Murti Chopra and Shrimati Brij Rani Chopra on 13th December, 1994. She, my wife, has died on 24.12.1997. 2. Ever since I came in contact with Anupma she has been in employment. At the time of her death (24.12.2997), she was working as Secretarial Executive in Unitech Limited, Saket, New Delhi and drawing a monthly salary of about Rs.5,000/- per month.

3. That on coming in contact with Anupma, we decided to marry and approached our parents. The marriage took place in accordance with Hindu Customs and traditions. My parents did not participate in the marriage and after marriage never came to live with us. Anupmas parents arranged the marriage in cooperation with my relations other than the parents. We, though having our separate residence often lived with Anupmas parents and got their love and affection.

4. That on 25.11.1996 I and Anupma were blessed with a son. The son has been named Sarthak Tyagi alia Nanu. There is no other issue.

5. That I and my wife Anupma decided that the son should live under the custodial care and guardianship of Anupmas parents at their residence KD/5A, Phase-I, Ashok Vihar, Delhi-110052. This arrangement was put into practice and has continued all along right from the birth of my son Sarthak Tyagi alias Nanu.

6. That my wife Anupma Tyagi has died on 24.12.1997, her last rites have been performed according to Hindu customs and traditions by myself and Anupmas parents without any participation of my parents. 7. That I now declare and express my wish through this affidavit that my son Sarthak Tyagi alian Nanu should