Ted Colley,The Now

A battle for custody of a Surrey child whose mother was murdered is set to begin Oct. 23 in Surrey provincial court, nearly a year after her death.

Bramveer Singh Waraich is just 10 months old. His mother, Navreet, was stabbed to death in her Surrey home on Oct. 29, 2006. His father, Jatinder Singh Waraich is accused of killing her and will soon stand trial on a charge of second-degree murder.

Navreet's parents, Dilbag and Davinderpal Gill, have been granted temporary custody of their grandson and will go to court next fall in hopes the arrangement will be made permanent. Their claim is disputed by Bramveer's paternal grandparents, who want the boy put in their care.

The Gills came here from India upon receiving the terrible news of their daughter's murder and live in a Newton basement suite with their grandson.

They're in Canada on visitor visas they hope can be extended until the custody trial is concluded.

Dilbag, a school teacher in his hometown of Amritsar, said he doesn't know where they will live if the court grants them permanent custody of Bramveer.

"Whatever the government and the judge say is best for the child," he said through an interpreter.

"If they say stay here, the child must be educated in Canada, or you must return to India, we will do whatever is in the best interest of the child."

The Gills have two children - one in university and the other in high school - back in India who are being looked out for by family there. Dilbag said they miss their children very much, but believe they must take care of Bramveer and raise him with respect and with good values.

The horror of Navreet's killing and the uncertainty of the final outcome of the custody battle are taking their toll on the Gills. Dilbag choked back tears as he spoke of what has happened and what he believes must now be done.

"It is very, very difficult, but this was my daughter and this is my grandson. This is my duty."