1. THIS Rule involves a question of jurisdiction. An application was made before the learned District Judge, Alipore, by a mother for being appointed the guardian of her minor daughter. The father, the petitioner before us, was the respondent in the original court. It was contended before the learned District judge, as it is being contended before us, that the court had no jurisdiction to entertain the application.

2. THE facts of the case are not substantially in dispute. The petitioner as also the respondent were originally residents of Assam. In 1956 they got married and soon thereafter, migrated to Calcutta. In May 1963 the minor was born within the jurisdiction of the District Court of Alipore. It appears that in March 1966 the parties set up their matrimonial home at premises No. 15/1 Hindustan Road, within the same jurisdiction. The minor was living with her parents until March 1972 when she was sent to St. Helen's convent, Kurseong, for her education. She spent her holidays at home with her parents. There is no dispute that until the time she left for Kurseong, she was residing at 15/1 Hindustan Road. In fact, she attended South Point school, a school in the vicinit