The principle of welfare of a minor cannot be considered in absolute terms rather the same is a relative consideration and, at times, the same may have to be seen and considered through the prism of what is.....

The principle of welfare of a minor cannot be considered in absolute terms rather the same is a relative consideration and, at times, the same may have to be seen and considered through the prism of what is least detrimental for the minor, which implies that the Court may have to select a guardian out of the rival contestants who is least detrimental to the upbringing and welfare of the minor. In the present case, the fundamental question which requires adjudication by this Court is to determine the appointment of guardian of a minor between a mother who is accused of murder of her husband and father of the minor, and the paternal grandmother of the minor boy who has been dealing with the property of the minors without being appointed as the guardian thereof. The petitioner's custody was given to the petitioner-mother by restoring the order of the Guardian Judge by holding that the totality of the circumstances on record is to be considered. Had the conduct of the respondent grandmother who was appointed as guardian by the Appellate Court below been aboveboard while seeking the appointment in general and after the appointment in particular, in this case, she could have been preferred by this Court over the petitioner until the latter is acquitted of the charge against her, however, the fact that after being appointed as guardian of person of the minor, the respondent-grandmother fled away with the minor from the Court and started dealing with the property of the minor, without authority, is a material fact which cannot be ignored. Moreover, the minor boy, who has already lost his father, will be deprived of the love of his mother while he will be in the custody of respondent-grandmother who in instant case has been dealing with property of the minor without authority, in a clandestine and suspicious manner.