Manoharan, J.

Appellant is the counter petitioner in O.P.(G&W) No. 296 of 1991 on the file of the District Court, Ernakulam. Respondent instituted O.P.(G&W) 296 of 1991 under Ss.9, 10 and 25 of the Guardians and Wards Act, 1890 (for short'the act) praying that she may be appointed the guardian of her minor son Anith who is now living with his father, the appellant. The child was born on 23-3-1985; and when the O.P. was filed he was aged 51/2 years.

2. Appellant and respondent have two sons of whom Anith is the elder and the younger is aged 21/2 years. The younger son is living with the respondent. The parties are Christians. Respondent alleged that in April 1990 appellant developed illicit relationship with Sona Marrimen, her youngest sister which culminated in her elopement with the appellant and that PW-2 the mother of the respondent had to file O.P.7396 of 1990 for the issue of a writ of habeas corpus. Both the appellant and Sona Mammen appeared before the court and stated that they are living together of their free will and consent and that she has attained majority. Respondent alleged that the appellant is keeping the said Sona Mammen as his concubine. She also alleg