Thottathil B. Radhakrishnan, J. —First appellant is the respondent’s wife. Second appellant is her brother. Appellants applied for appointment of the second appellant as the guardian of the daughter of the first appellant and the respondent. That girl is due to become a major by the 22nd of this month, that is, December 2011. The appeal is directed against an order by which the matter was dismissed stating that it is on default. But, that order goes with the reason, which would be seen as we proceed.

2. Having regard to the urgency sounded by the appellants, persuaded to look deeper into the matter on merits, the lower court records were called for and we have examined the pleadings and materials available therein. Heard learned counsel for parties.

3. There are no allegations among the couple of any matrimonial misdemeanour, except that each accuses the other of desertion. It appears that the couple now live apart. The respondent, the father of the girl, is a doctor while the mother is unemployed. The daughter, who is the subject matter of this litigation, now reaching 18 years of age, is with the mother. Apart from her, the couple has a son, twelve years old, in school, n