Hon’ble Amitava Lala, J.—This appeal arises out of judgment and order dated 16th July, 2007 passed by Additional District Judge, Bijnor in Original Misc. Suit No. 43 of 2003 under Section 7 of the Guardians and Wards Act, 1890. The appeal is heard at the stage of admission on informal papers by the consent of the parties since no other material is necessary for such hearing. In the Court below, an application was made by the grand father of the child for the purpose of keeping minor child Nitin Kumar aged about 12 years in his custody. Nitin Kumar is son of one Mr. Ashok Kumar, since deceased and Smt. Savita Devi, respondent No. 1 herein. Mr. Ashok Kumar was an army man and expired in Kargil War. By the death Smt. Savita Devi, mother of the child got compensation of a sum of Rs. 30.00 lakhs. Out of the said sum, she deposited a sum of Rs. 10.00 lakhs in a nationalised Bank in the name of her minor child for his benefit. Out of balance Rs. 20.00 lakhs, Rs. 9.00 lakhs was deposited in the same nationalised Bank at Feena, District Bijnor in her name. It has been recorded by the Court below that remaining Rs. 11.00 lakhs was forcibly recovered by the plaintiff-appellant from th