(Civil Miscellaneous Appeal filed under Section 47 of the Guardian and Wards Act, 1890, against the judgment and decree dated 04.11.1997 passed by the Principal District Judge, Cuddalore in O.P. No.75 of 1997.

This Civil Miscellaneous Appeal which is directed against the judgment and decree dated 04.11.1997 passed in O.P. No.75 of 1997 by the Principal District Judge, Cuddalore, (in short "the Tribunal") is preferred under Section 149 of the Guardians & Wards Act, 1890.

2. The respondent herein who was the petitioner before the Tribunal filed an Original Petition under Sections 7 and 10 of the Guardians & Wards Act read with Hindu Minority & Guardianship Act to appoint her as the guardian of her son Jayabalaji (who was a minor at that time) and for his custody as well.

3. Her case before the Tribunal was that she married the appellant on 29.01.1990 and out of their wedlock, a male child was born to them on 10.09.1993; the appellant was guilty of adultery with one Revathy and he brought her to their matrimonial house and forced her to live along with the said Revathy; in course of time, the appellant started inflicting cruelty upon the respondent and hence, she left the mat