(Civil Miscellaneous Appeal filed under Section 47 of the Guardians and Wards Act, 1890, against the judgment and decree dated 06.10.1997 in O.P. No.40 of 1996 on the file of the District Court, Nilgiris at Uthagamandalam.)

This Civil Miscellaneous Appeal is directed against the judgment and decree dated 06.10.1997 passed by the District Court, Nilgiris (in short "the Tribunal) in O.P. No.40 of 1996.

2. Sharli Sunitha who is the appellant herein filed a petition under Sections 7 to 10 and 25 of the Guardians and Wards Act, 1890, before the Tribunal against her husband/respondent herein, seeking guardianship of their child by name Aldheeya.

3. The case of the appellant in brief is as under:

a. The marriage between the appellant and the respondent who belong to Christianity took place on 22.06.1991 and the appellant gave birth to a child named Aldheeya on 05.04.1992. In 1993, the appellant left her matrimonial home due to difference of opinion with the respondent and the respondent filed O.P. No. 13 of 1994 seeking guardianship of their child and on the basis of a memo to the effect that the respondent can meet the child every Sunday between 3 p.m. and 5 p.m. at Holy Velankan