The welfare of the minor is the paramount consideration in guardianship matters, and visitation and custody rights may be granted to both grandfathers to ensure the minor's well-being.

S. Jagadeesan, J.

The appeal is against the order of the Family Court, Madurai dated 9.10.2001 in G.W.O.P.12 of 1998. The respondent herein filed the said O.P for appointing himself as the guardian of the person of his grand daughter minor Adharsha. The respondent is the maternal grand father of the said minor who was born on 20.11.1992. The appellant herein is none other than the paternal grand father of the minor. It is an admitted case that both the parents of the minor are no more. The mother died on 7.8.1995 due to the fire accident occurred on 17.6.1995. The father of the minor died on 11.5.1997.

2.It is the case of the respondent that the minor was all along under the custody of the respondent and he is seeking the relief of appointing himself as the guardian of the person and not in respect of the properties of the minor. The minor is being taken care of by himself and if the minor is separated at this stage, it may be adverse to the interest and welfare of the minor. His further case is that both the mother and father of the minor died under suspicious circumstances and as such the custody of the minor may be retained with himself by appointing himself as the guardian.

3.On the contrary, the case of the appellant is that till the death of the father of the minor the minor was under the custody of the appellant along with his son. After the death of the father, the minor was in the custody of the appellant. The wife of the appellant being a retired Teacher, she took care of the grand children and the minor was taken proper care both in education as well as otherwise. In May, 1998 when the minor was taken by the respondent to his house for holidays, the minor was kept under the custody of the respondent. The respondent also obtained the transfer certificate from the school in which the minor was studying and he admitted the minor child in a school of his choice without the consent of the appellant. As the appellant has sufficient means to provide good education to the minor and also to have her custody, the custody should be given to him.

4.Both the appellant and the respondent examined themselves as R.W.1 and P.W.1 respectively. After considering the evidence let in by both the parties, the Family Court Judge allowed the O.P filed by the respondent and appointed him as the guardian of the person of the minor. Aggrieved by the same, the present appeal is preferred by the appellant.

5.Though the matter was adjourned on more than three occasions to enable the parties to arrive at some settlement, their respective counsels reported to the court that they are helpless in bringing out some amicable settlement between the parties as both the appellant and the respondent are very adamant and not agreeable for any terms.

6.In our view, this kind of cases cannot be decided by going through the documents or oral evidence or the precedents, without reference to the human touch. Apart from the evidence, the human touch is the primary one for the welfare of the minor, since the other materials may be created either by the parties themselves or on the advice of the counsel to suit their convenience.

7.The minor being hardly 10 years old and if the rivalry or the ill feeling between the two families are allowed to develop further, then there is no doubt that both the grand parents would infuse some ill feeling, which they are entertaining in their mind, into the minor child. In our view, this would naturally harm the child's mind and we are afraid that the child at one stage or the other would find it difficult to concentrate on the studies. But, however, the child must be left in the custody of either one. In such case, whose custody will be better at this tender age is the question to be decided. Keeping in mind the above observations, we proceed to discuss the issue.

8.It is an unfortunate case that the child at this tender age lost both the parents, though at different point of time. Both the parents lost their life due to unn