Held, the impugned order of the High Court modified. The Appellant-maternal grandfather permitted to continue the custody of the child till the age of 12 years as ordered by the District Judge. As the child has continuously been living with the maternal grandfather and his family from the date of his and getting good education at their hands, after taking note of the position of the father of the child who is working 90 kms away from his house in a rural village, order of the High Court modified. Appellant grandfather to have the custody of the child till the age of 12 years as ordered by the District Judge. This conclusion was based on welfare of the minor as provided in Section 13 of the Act 1956. Since on completion of 12 years, a fresh decision is to be taken about entrusting the custody of the minor child, while modifying the order of the High Court as mentioned above, Court issued some directions regarding the visitation rights of the father.
