SHARLI SUNITHA Vs. D BALSON

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is directed against the judgment and decree dated 06.10.1997 passed by the District Court, Nilgiris (in short "the Tribunal) in O.P. No.40 of 1996.

(2.) SHARLI Sunitha who is the appellant herein filed a petition under Sections 7 to 10 and 25 of the Guardians and Wards Act, 1890, before the Tribunal against her husband/respondent herein, seeking guardianship of their child by name Aldheeya.

(3.) MR. R. Subramanian, learned counsel for the appellant would contend that the Tribunal went wrong in holding that the appellant went away with Benson. It would be his further contention that the Tribunal has grossly erred in dismissing the petition without even considering the tender age of the child. It was also his strenuous contention that the Tribunal has erred in holding that the appellant was not employed and she does not have the wherewithal to maintain the child.