JUDGMENT

Bibek Chaudhuri, J. - Section 9(1) of the Guardians and Wards Act, 1890 (hereafter the said Act) states that if the application for 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. Thus, Section 9 contemplates the territorial jurisdiction of the Court in respect of an application for guardianship of a minor and the only test for determining jurisdiction of the Court is the "ordinary residence" of the minor.

2. What is the scope of the expression "the place where the minor ordinarily resides" in Section 9(1) of the Act? Does it mean the ordinary residence of the natural guardian of the minor where he/she was born or any other place where the minor resides with her mother after the martial discord has arisen between the parents of the minor? These are the issues for determination in the instant revision.

3. The opposite party herein filed an application under Section 25 of the said Act read with Section 6(a) of the Hindu Minority and Guardianship Act 1956 before the learned District Judge, South 24 Parganas at Alipore seeking custody of the person of the female child born in th