(1.) THIS appeal is directed against the order and decree made in GWOP.No.534 of 2004, dated 23.12.2004 on the file of the Family Court, Coimbatore.
(2.) FOR the sake of convenience, the parties are referred to as the petitioner and respondent.
(3.) MOTHER of the child, resisted the petition, contending inter alia that the petitioner has no interest for the welfare of the child and that he has not even mentioned the date of birth of the child in the petition. She further submitted that she was ill-treated and harassed at the hands of the petitioner and therefore, she was forced to leave the matrimonial home. According to her, the child is given the best of education and as a mother, she has put in all her efforts, to provide everything that the child requires. She has denied the contention that as a hosteller, the child has lost the love and affection. She further contended that when the petitioner has refused to provide even reasonable maintenance to herself and the child, she was constrained to prefer M.C.No.245 of 2001 on the file of the Family Court, Chennai, but at that time, she was studying her Secretarial Course and subsequently, shifted to Ooty. In the said circumstances, she could not appear before the Family Court and consequently, the petition ended in dismissal for non-appearance. It is her contention that the petitioner had not shown any love and affection to her or to the minor son and for the abovesaid reasons, sought for dismissal of the Guardian Petition.