Pradeep Nandrajog, J.

CM No. 1107/2013 in FAO No.29/2013

1. Since learned counsel for the parties had argued on the merits of their respective stands, we dispose of CM No.1107/2013 condoning the delay in filing FAO No.29/2013.

FAO No.29/2013 and WP(Crl.) No.1562/2012

1. Dr.Neeta Misra, the appellant in FAO No.29/2012, challenges the order dated April 03, 2012 passed by Shri K.S.Mohi, Family Court Judge. Her petition filed under Sections 7, 8, 10 and 11 of the Guardians and Wards Act 1890 registered as G.P.No.49/2011, for being appointed as a guardian of the minor girl child born on June 19, 2006 to her during the subsistence of her marriage with the respondent, Philip David Dexter, and for custody of the said minor girl child has been dismissed. The view taken by the learned Judge, Family Court is that the Family Court at Delhi lacks territorial jurisdiction, inasmuch as Section 9 of the Guardians and Wards Act 1890 confers territorial jurisdiction on such District Court within jurisdiction whereof the minor ordinarily resides. The respondent in the Appeal, Philip David Dexter is the writ petitioner in WP(Crl.) No.1562/2012. He prays therein that the minor daughter be