T.S. Krishnamoorthy Iyer, J.

1. This appeal raises the question of competition between the appellant and her husband who is the respondent for the custody of their minor son Ramesh aged 8 years.

2. The respondent filed a petition under S.25 of the Guardians and Wards Act, 1890 for the custody of the boy. It was dismissed by the District Judge of Palghat by the order dated 24-3-1971 which is challenged in this appeal.

3. The respondent married the appellant on 30-10-1961 and since then the husband and wife were residing in the husband's house at Govindarayapuram Palghat, till 23-3-1970 when the wife began residing separately with her father, R.W. 2. Ramesh was born on 17-8-1962.

4. The appellant is the daughter of R.W. 2 by his first wife. The first wife of R.W. 2 died long before the date of the appellant's marriage with/the respondent. R.W. 2 has got two daughters including the appellant and a son R.W. 3 by his first marriage. After the death of the mother of the appellant R.W. 2 has married again and through that wife he has children. R.W. 2 is residing with his second wife and children in Vaidynathapuram, Palghat, with whom the appellant is residing. The distance between the