1. The respondent filed a petition under S.25 of the Guardians and Wards Act for the custody of the, minor child. The petitioner-mother raised two preliminary objections, one of them, with which only we are concerned in this petition, being that the Court at Faridabad has no jurisdiction to entertain the petition as the ordinary place of residence of the minor at the time of its filing was Calcutta and not Faridabad. The petitioner s objection having been overruled by the impugned order she has come up in revision.

2. It is not disputed that the respondent left her husband in May 1979 along with the minor and was since then living at Calcutta. The minor being of the age of less than five years, the mother was entitled to his custody till the application was filed. The learned District Judge relying on Mt. Nazir Begarn V/s. Ghulam Qadir Khan, AIR 1938 Lah 313 overruled her objection. However, the decision in Mst. Nazir Begam s case (supra) had been rendered on totally different facts and has no bearing on the present case. There the mother applied for the custody of the minor daughter to the Court at a place where the minor was residing shortly before the filing of the appli