As already noticed the minor namely Julaf Khan for whose custody the petition had been filed by the appellants was two years old at the time of the death of his father namely Rana Khan son of the appellants. The statement of Bant Singh (AW-1) was recorded by the trial Court on 05.10.1999. In the said statement, it is stated by him that Rana Khan was married with Salma and from the marriage they had a son who was then 3-4 years old. The husband of Salma had died 2 ½ years ago. Therefore, on 05.10.1999, the minor was stated by Bant Singh to be 3-4 years old. As such, at present he is about 17-18 years old. The Supreme Court in Keshav R. Thakur and another versus Suchhibai, (2005) 9 SCC 424 considered the case of a boy living with his grandparents by way of interim order since his father's death when he was six years old. The boy was aged 16-17 years when the appeal came up before the Hon'ble Supreme Court. It was held that the boy had remained in the care and control of his grandparents for his entire life and it would not be appropriate to grant custody of the boy to his mother at the said stage. The child was old enough to know his own mind. The mother was, however, held entitled to meet her son whenever she approaches her father-in-law.
