ORDER :- This appeal arises out of an application under S. 25, Guardians and Wards Act, filed by the appellant for the custody of his son from the first respondent, his wife. The appellant's case was that on 19-11-1966 his son, aged six years, was taken away by the first respondent and is living with the second respondent her father. The first respondent contended that on 11-11-1966 the appellant came home fully drunk, beat her and dragged her out of the house and later left the house for good, that what he did upset her mentally and as the appellant did not return to the house till 19-11-1966, she had to leave the house. Her case further was that the appellant has taken to another woman by name Gomathi and he is unfit to be the guardian of the child. The lower court took the view that the point that arose for consideration was whether it was in the interests of the minor to hand over the custody of the child to the appellant and in order te determine that point it had further to decide whether the petitioner has taken to another woman by name Gomathi and married her. The lower court was of the view that the appellant had married Gomathi and that it was not in the interest