P. Sathasivam, J.

Against the dismissal of O.P.No.124 of 1998 filed under Section 25 of the Guardians and Wards Act, 1890, the petitioner has preferred the above Original Side Appeal.

2. For convenience we shall refer the parties as arrayed before the learned Single Judge. It is seen that the petitioner and the respondent were married at Chennai on 5.9.1988 in accordance with the Hindu rites and two children were born from the wedlock viz., a daughter Divyalakshmi born on 29.5.1989 and a son Muralikrishnan born on 30.5.1990. Thereafter, due to misunderstanding both the petitioner and the respondent were living separately. It is alleged in the petition that since the respondent is not taking sufficient care and interest in the welfare of the children, has filed a petition praying for declaration that the petitioner is the guardian for both the minor children.

3. The said petition was resisted by the respondent by filing counter. In the counter affidavit the respondent-wife has stated that the petitioner is leading wavered life and not spending time with the family, particularly with the children. The petitioner was not earning much and her children prefers to live with her.