The Original Petition is filed by the petitioner/mother, seeking to declare her as the guardian of the minor child Nithya Sigapi Venkat.

2. The OP was admitted on 02.11.2007. However, when the matter came up on 09.02.2009, this Court allowed the OP and declared the petitioner as the guardian of the minor child. Subsequently, the respondent filed an application in A.No.3693 of 2009 to condone the delay of 150 days in filing the application to set aside the ex parte order dated 09.02.2009. This Court by an order dated 17.08.2009 condoned the delay and the earlier order was set aside by this Court on 24.10.2009. It was thereafter, the respondent filed a counter affidavit dated 30.06.2010. The respondent also filed written arguments dated 26.10.2012. Once again the matter was posted for recording evidence. Accordingly, the petitioner examined herself as P.W.1 and the respondent examined himself as R.W.1.

3. Heard the arguments of Ms. Sheila Jayaprakash, learned counsel for the petitioner and Mr. T.S. Baskaran learned counsel for the respondent.

4. It is the stand of the petitioner that she is a graduate from Ethiraj College. From December 2006, she was employed with "Fitne