Guardians and Wards Act, 1890, Section 9 -- Minor - Appointment of guardian - `Ordinarily resides' - Means place where a person is expected or supposed to be living - Place of shifting of minor under compulsion would not be regarded as place where he `ordinarily resides'...........
Guardians and Wards Act, 1890, Section 9 -- Minor - Appointment of guardian - Territorial jurisdiction - Application for guardianship of a person of minor and his property would lie before District Court having jurisdiction of place where minor ordinarily resides...........
Guardians and Wards Act, 1890, Section 7, 8, 9 -- Minor - Appointment of guardian - Jurisdiction - Minor was residing at Saharanpur with his parents - He was removed from there and shifted to Meerut under compelling circumstances on account of tragic death of his mother - Place of shifting of minor under compulsion would not be regarded as place where he `ordinarily..........
Guardians and Wards Act, 1890, Section 47, 7, 8, 9 -- Minor - Appointment of guardian - Order rejecting application u/ss 7, 8 of the Act - Not appealable u/s 47 of the Act, as said order is not an order directing return of application u/s 9(3) of the Act, rather it is an order rejecting application raising objection as to territorial jurisdiction - However, since the order..........
Guardians and Wards Act, 1890, Section 9 -- Custody of child - Spouses living apart - Custody of child should be given preference with whom child shares his residence for a considerably long period...........
Guardians and Wards Act, 1890, Section 9 -- Custody of child - Jurisdiction - `Ordinarily resides' connotes a regularly settled home and not a place of stay where children are obliged to dwell by force of circumstances or compulsion of parent's employment - It is not the duration of stay that matters but intention of parties - In case of a minor, as he cannot take any..........
Guardians and Wards Act, 1890, Section 9 -- Ordinary place of residence - If minor ordinarily resides at a place of his care and custody, which is not illegal or sans law, ordinary place of residence would be where he is already residing...........
Guardians and Wards Act, 1890, Section 9 -- S.9(1) of Act does not speak of `would have resided' and `should have resided' as it only deals with ordinary place of residence...........
Guardians and Wards Act, 1890, Section 9, 25 -- Jurisdiction - Custody of minor child - Child residing with his mother since last more than three years, who left the company of her husband not to return again - Father of minor never tried to resolve the dispute and rather filed a suit for judicial separation - Minor parted the company of his father when he was only 2 years..........
Guardians and Wards Act, 1890, Section 9 -- Custody of minor - Jurisdiction of Court - Couple residents and citizens of America decided to let wife stay back in Delhi, India with her minor son - As per e-mails exchanged between couple, wife voluntarily deciding to shift `ordinary residence' of her and minor son to Delhi and husband fully supporting it - Since, solitary..........
