" 22. In the facts and circumstances of the present case, in considered opinion of this Court if the balance is to be struck between mother (respondent no. 4) and grandmother (petitioner no. 1), the balance would certainly tilt in favour of mother, who is respondent no. 4. However, I may not be mis-understood that the grandmother may not take proper care of minor, who is her grand son, therefore, custody of corpus with his mother can in no way be said to be illegal, unlawful and the child has always been remained with the custody of his mother and was never at any point of time in the custody of petitioner no. 1, therefore, no case of transfer of custody from mother of the corpus to his grandmother is made out. However, in the totality of the facts and circumstances and keeping in view the aspirations and expectations of grandmother to visit and see her grand child and shower her love and affection on him, cannot be ignored and the same must be dealt with a humanitarian hand in respect of the fact that allegation and counter allegations are made by petitioner no. 1 and respondent no. 4 against each other and father of the child is some what out of picture in present petition. Thus, although the prayer of petitioner no. 1 for issuing writ of habeas corpus against respondents and transfer of custody of corpus, who is eight year old child of respondent no. 4 and her husband, in favour of his grandmother, is declined and refused by this Court on the basis of discussion mentioned above. In my considered opinion, petitioner no. 1 shall have a visitation rights over the child (petitioner no. 2). However, this Court directs respondent no. 4 to provide a right to meet the corpus to petitioner no. 1, who is his grandmother on regular basis preferably once in a month subject to convenience of the child, on a holiday, with prior arrangement made by respondent no. 4, by way of telephonic consultation with petitioner no. 1, who is her mother-in-law, at the place of choice of respondent no. 4. The period of meeting of each day may include a period of three to six hours at a time, however, the meeting in a month may be postponed if the examinations of child are underway or on card. The meeting may be supervised by respondent no. 4 to her discretion."
