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Report No. 83

6.26. Section 9-Court having jurisdiction to entertain application.- Section 9 reads-

"9. (1) If the application is with respect to the 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.

(2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides or to a District Court having jurisdiction in a place where he has property.

(3) If an application with respect to the guardianship of the property of a minor is made to a District Court other than that having jurisdiction in the place where the minor ordinarily resides, the Court may return the application if in its opinion the application would be disposed of more justly or conveniently by any other District Court having jurisdiction."

The "ordinary place of residence" of a minor is a pure question of fact. Notions of constructive or legal residence do not enter into the picture at all. There is no presumption that the residence of the guardian is the residence of the minor, although usually that may happen to be the case.1

The matter being one of fact, the case law on the expression "ordinarily resides", though abundant, does not appear to necessitate any change in the section.



The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back




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