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2018 Supreme(Ker) 551

C.K.ABDUL REHIM, R.NARAYANA PISHARADI
Divya J. Nair D/o. Jayan – Appellant
Versus
S. K. Sreekanth, S/o. Thiruvilassery Veettil Sivaramakrishnan Nair – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. P.Jayaram
For the Respondent: Sri. J.R.Prem Navaz

JUDGMENT :

R.NARAYANA PISHARADI, J.

1. The solitary test for determining jurisdiction of the court to entertain an application for guardianship of the person of the minor is the 'ordinary residence' of the minor (Ruchi Majoo v. Sanjeev Majoo: AIR 2011 SC 1952).

2. Section 9(1) of the Guardians and Wards Act, 1890 (hereinafter referred to as 'the Act') provides that if the application is with respect to 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.

3. What is meant by the expression “the place where the minor ordinarily resides” in Section 9(1) of the Act? Does

4. Now, the facts in brief: The appellant is the mother and the respondent is the father of a girl now aged six years.

On 05.04.2017, when the girl was aged 4½ years old, the mother filed O.P.No.196 of 2017 in the Family Court, Ottappalam for granting her the custody of the child. The respondent entered appearance in the case. He filed an application as I.A.No.1310/2017 praying that the question of jurisdiction of the court to try the case may be decided as a preliminary issue. He contended that the minor child is residing with hi
























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