R. Basant, J.

The maternal grandparents of a minor by name ‘Naureen Abdul Azeez’ are the appellants in this Mat. Appeal. They are aged 64 years and 61 years respectively. The minor child is aged 11 years (date of birth : 14/4/1999). The respondent herein is the father of the minor child. The mother of the minor child Anjana Hassan got married to the respondent herein on 14/5/1998. Even though there was unilateral pronouncement of talaq by the respondent on 27/10/2002, the marital tie appears to have continued - evidently by resumption of co-habitation. The marital tie was put an end to under Ext.B1 agreement of divorce entered into between the spouses on 09/04/2006. In the said agreement, the following stipulations regarding custody of the child appear in paragraphs 4 and 5.

"4. The parties will continue to have all rights and obligations in law relating to their daughter Naureen A. Azeez and it is made clear that this agreement of divorce will not in any way prejudicially affect the interests of the minor child who is now aged 7 years and is in the custody of her maternal grandmother at Adoor in Kerala.

5. Subject to what is agreed herein above the 1st party shall have the