JUDGMENT

Ganga Nath, J. - This is an appeal by an objector, Mt. Lalita, and arises out of proceedings under the Guardians and Wards Act. The application was made u/s 25 of the Act for the custody of the children. Paramatma Prasad opposite party (respondent) applied on the ground that he was the father of the children. The appellant denied that he was the father of the children. She also contended that she, being the mother of the children, was entitled to their custody. The learned District Judge has found that Paramatma Prasad is the father of the children and is entitled to their custody. The appellant has come here in appeal against the order of the District Judge.

2. The first contention that was raised on behalf of the appellant was that the learned District Judge had no jurisdiction, inasmuch as the minors were living in village Shadiabad in Ghazipur District at the time when the application was made. Section 9(1) of the Act lays down:

If the application is with respect to the guardianship of the person of the minor, it shall be-made to the District Judge having jurisdiction in the place where the minor ordinarily resides.

3. The fact that a minor is found actually residing at a