Govindan Nair CJ; The question that arises in this case is about the custody and guardian-ship of a minor girl of 8 years, and the contestants for custody and guardianship are the appellants on the one side and the respondents on the other.

The appellants are the grandfather and the mother of a young girl. Soon after her birth on the 7th of January, 1970, in August of the same year her father died. The father and the mother (second appellant) of the girlwere at that time in Germany. The second appellant came to India (Ahamedabad) with the baby, where her father, the first appellant, and her mother lived. But she found it difficult to live in India with the baby. She decided to go to the Continent and then to the United States. She left very soon afterwards in December, 1970, and the child was then entrusted to the first and second respondents. They are a couple who are related to the first appellant, the grandfather of the child. The second respondent is the sister’s son of the first appellant and the first respondent is the wife of the second respondent. The first respondent is a Bengali and the appellants and the second respondent are from Gujarat. The two respondents have no chil

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