( 1 ) AN application was moved by the appellants under Section 10 of Guardian and Wards Act read with the provisions of Hindu Minority and guardianship Act 1956 (hereinafter referred to as the Act) for the custody of the minor Master Vardan Beri who was admittedly borne on 18-6-1996.

( 2 ) AMIT Beri appellant is the father and hardaya Narain Berl, appellant No. 2 is grandfather of the minor and the respondent is his mother. The application for custody of the minor had been rejected by the additional District Judge, Bulandshahar by judgment and order dated 7-2-2002. Aggrieved by it the present appeal has been preferred.

( 3 ) I have heard Shri R. B. Singhal and shri B. K. Solanki, learned counsel for the appellants and shri Krishna Murari, learned counsel for the respondent and perused the judgments.

( 4 ) IT is admitted that the marriage between the appellant No. 1 and the respondent was a love marriage and the minor was borne on 18-6-1996 at Bulandshahar. Archana Sharma, elder sister of the respondent is living in Dubai and is a divorcee. The respondent went to meet her and stayed at her house for some period. Thereafter she came back. Later on she and her husband (