AIR 1954 PATNA 489

Patna High Court

Hon'ble Judge(s): Ramaswami, Sinha , JJ

(A) Guardians and Wards Act (8 of 1890) , S.9(1)— "The place where the minor ordinarily resides". AIR 1951 Nag 179, Dissented from. The question as to the ordinary residence of the minor must be decided on the facts of each particular case and generally, the length of residence at a particular place determines the question. The expression "the place where the minor ordinarily resides" means the place where the minor generally resides and would be expected to reside but for special circumstances.(Para 6) Where, therefore, the child lived mostly at Buxar within the jurisdiction of the District Court of Shahabad and if the child had not been stealthily taken away by the father, he was expected to reside with the mother at Buxar : Held, that the District Judge of Shahabad had complete jurisdiction to entertain an application by the child's mother for guardianship.(Para 6) Anno : Guardians and Wards Act, S. 9, N. 9. (B) Guardians and Wards Act (8 of 1890) , S.17— Appointment of guardian - Consideration of minor's welfare. Hindu Law - Minors. Under the Hindu Law, the father is the legal guardian of the minor child and under the Guardians and Wards Act also he....