AIR 1978 ANDHRA PRADESH 13

Andhra Pradesh High Court

Hon'ble Judge(s): K. Amareswari , J

Guardians and Wards Act (8 of 1890) , S.9— Application for guardianship of minor - Jurisdiction of Court - Place of ordinary residence of minor - Determination. If the expression " place of ordinary residence"means the residence of his natural guardian, the very purpose of using the word " the residence of the minor"in S. 9 would be lost. It is not the place of residence of the natural guardian that gives the jurisdiction to the Court under S. 9 (1) but it is the place of ordinary residence of the minor and the Legislature has designedly used the word. " Where the minor ordinarily resides" . Hence the actual residence of the minor, having regard to the circumstances under which the minor happens to reside at a particular place must be taken into consideration in deciding the place where the minor ordinarily resides.(Para 6) In the circumstances of the case it must be held that the minor has been living with her mother at Nagpur for some time and at Tumsar in Maharashtra State for some time. Hence the minor's ordinary place of residence cannot be said to be Hyderabad merely because the father who is the natural guardian is residing at Hyderabad. (Case law discussed).(Para 6) Further, there is no evidence to show that the minor was residing at Hyderabad in 1975 when the application was filed. Assumi....