D. P. MOHAPATRA, J.

( 1 ) THIS appeal is directed against the order dt. 28-4-1982 of the District Judge, Ganjam-Berhampur in Misc. Judicial Case No. 37 of 1982. Smt. Meera Devi Agarwal, the appellant, is the wife of Shri Shyam Sundar Agarwalla, the respondent. Both of them belong to Marwari Community and come from families of businessmen. They were married in 1971 and out of the wedlock was born a son, Sanjaya in 1974, who is the central figure in this unfortunate controversy. The proceeding was initiated on an application filed by the respondent under Ss. 7, 8, 9, 10 and 12 of the Guardians and Wards Act, 1890. By the order dt. 16-4-1983 of the trial Court the application was treated to be one under S. 25 of the Act. The said order is not in challenge in this appeal. The respondent in his application stated inter alia that his marriage with the appellant failed almost from the inception; the differences between them are irreconcilable and there is no possibility of their living together and making a happy home. The respondent lives at Bhubaneswar in connection with his business. The appellant with the minor lives in a rented house in Gandhinagar area at Berhampur. She is uneducate