( 1 ) IN this appeal preferred by the mother under Section 47 (c) of the Guardians and Wards Act, 1890, for short, 'the Act', the legality and correctness of the order dated 13/07/2001 passed in G and WC No. 5 of 2000 on the file of the court of the Principal Civil Judge, Senior division and CJM, Shimoga, for short, 'the court below', allowing the petition filed by the respondent-father under Section 25 of the Act holding that the respondent is entitled to have the custody of the minor shreyash, by name and directing the appellant to hand over the custody of the minor to the respondent on 31-7-2001 is called in question.

( 2 ) THE facts of the case in brief may be noted first and they are as follows : The respondent who is the father of the minor filed g and WC No. 5 of 2000 under Section 25 of the Act alleging that he married the appellant on 29-1-1993 at Kengapura Village as per the customs prevailing in the community and from out of the wedlock the minor was born on 2-8-1993. Even before the the parties were closely related.

( 3 ) DURING the year 1999, the minor was studying in 2nd standard in Sri Ayappa higher Primary School in Shimoga. On 25- 11 -1999. the appel