AIR 1938 LAHORE 313

Lahore High Court

Hon'ble Judge(s): Addison, Din Mohammad , JJ

(A) Guardians and Wards Act (8 of 1890) , S.12— Applicability of S.12 is not barred till minor is actually made over. So long as the custody of a minor is not actually made over to the guardian, the proceedings do not terminate and the applicability of S. 13 is not barred though the certificate of guardianship may have been issued :(Para 315C1,2) (B) Guardians and Wards Act (8 of 1890) , S.4(5)(b)(ii), S.12(1), S.25— Appellant appointed guardian of person of her minor daughter on her husband's death - Application for her custody to Court at M, where minor ordinarily residing with her paternal family - At time of application minor found to be made over to female relative of respondents residing in state - Minor's residence in state held temporary and incidental - Court at M held had jurisdiction to entertain application for custody : AIR 1938 Lah 84, Reversed. To place a restricted meaning on the words "for the time being ordinarily resides" in S. 4 (5) (b) (ii) so as to interpret them to mean where the minor actually is at the time of the application, would be tantamount to rendering nugatory all the provisions of the Guardians and Wards Act and to making the law helpless against the machination of the recalcitrant persons who do not propose ....