The Judgment was delivered by :

Both appeals arise out of a common order passed by the learned District Judge, Thanjavur, in O.P. Nos. 24 of 1992 and 48 of 1993. O.P. No. 24 of 1992 was filed by the respondent in this appeal praying for appointing hereself as guardian for the person of the minor Iswarya. O.P. No. 48 of 1993 was filed by the appellant herein who is the father of the minor child, for directing the respondent to hand over the minor being the only daughter of the appellant to him.

2. The respondent as originally impleaded, is the maternal grandmother of the child. Subsequently, on her death, the son of the respondent had sought to be impleaded as the legal representative.

3. According to the respondent, in her O.P. No. 24 of 1992, it was contended that the appellant was married to her daughter by name Geetha on 31-10-1988 at Thanjavur. The appellant belongs to Coimbatore where his parents are living and he was employed at Delhi at the time of the marriage. He was subsequently transferred to Madras where he was living with his wife. Out of the wedlock a female child was born on 9-11-1989 and named as Iswarya who was aged about 3 years on the date of the petitio