JUDGMENT: This appeal arises out of the proceedings started by the present appellant under the Guardians and Wards Act (VIII of 1890) for being appointed as the guardian of her minor daughter Benibai, and for getting custody of the child. The appellant and the respondent were married before 1952 and the minor Benibai was born to them on 26th September 1952. It seems that disagreement arose between the married couple and it would appear that a criminal case was filed against the husband. Ultimately there was a compromise and on 27th April 1955 there was an agreement between the parties granting divorce to the wife according to caste custom and a term of that compromise appears to be that the appellant was to hand over the custody of her daughter to the respondent Dhanush, her husband and accordingly the respondent got the custody of the child. Soon after this divorce, it appears that the respondent married again and on 27th June 1955, the present application was filed by the appellant for appointment of herself as the guardian of the minor daughter and for getting custody of the child. The principal ground on which the application was made was that the child was of a very tender age

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