Judgment and order handing over custody of minor daughter Mihira to the applicant in Misc. Civil Application No. 44/2010 by District Judge-2, Ambajogai is assailed in the present appeal on the issue of jurisdiction.

2. Mr. Salunke, learned Advocate for the appellant submits that the minor Mihira, daughter of the appellant and the respondent now aged about 12 years (born on 25.9.2000), was/is residing at Madnapalli, District Chittoor (Andhra Pradesh), and as such, the learned District Judge, Ambajogai had no jurisdiction to entertain, try and dispose off the Misc. Civil Application for the custody of the minor as per Section 9 of the Guardians and Wards Act, 1890 read with the provisions of the Hindu Minority and Guardianship Act, 1956. Section 9 of the Guardians and Wards Act, 1890 reads as under:

"9. Court having jurisdiction to entertain application. (1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.

(2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Cour