Lalit Mohan Sharma, J. - This appeal arises out of a dispute between the mother and father of a minor boy Tabrez for his guardianship. The appellant Bibi Birjis Jahan was married at Patna in accordance with the Moham madan Law with the respondent no. 1 Sayed Jamil Ahsan in 1971 and in 1972 Tabrez was born. According to the case of the appellant, she, her son and her husband went to Jamshedpur where the husband was employed. Later the son was taken away from her and she was expelled from the house. She, therefore, returned back to her father's house in Patna town. She made an application in 1976 for her appointment as the guardian of the person of the minor under section 9 of the Guardians and Wards Act, 1890 before the District Judge, Patna, alleging that the child is staying in patna with his father's father (Respondent no. 2).

2. The respondent no. 1, besides denying many allegations made in the petition, challenged the jurisdiction of the Patna Court on the ground that the child was residing at Jamshedpur. The question of jurisdiction was taken up and tried as preliminary issue. The parties led evidence on the question of residence of the minor. By the ORDER :under chal