Law:

Section:

  (a) Guardians and Wards Act (VIII of 1890), S. 9 (1)--- Jurisdiction of Courts---Expression "ordinarily resides"---Meaning explained. In section 9(1), of Guardians and Wards Act, 1890 the empha sis is undoubtedly on the minor's "ordinary" place of residence. Such a place is to be determined by finding out as to where the minor was ordinarily residing and where such residence would have continued but for the recent removal of the minor to a different place. Where the application is filed soon after such removal, the place of such removal will be ignored for the pur pose of determining the jurisdiction of the Court to entertain the application and in spite of such removal the minor will be deemed to have its residence at the place where it was ordinarily residing. The new place to which the minor may have gone or may have been removed, can become the ordinary residence of the minor only after the minor has settled down at that place for a reason ably long period and the residence passed the stage of casual or temporary residence. The children were residing with the father at Rawalpindi and were being maintained by him. The father while proceeding abroad on a short visit arranged for the education of the children in schools at Rawalpindi and entrusted the task of looking after them to his brother. The children were staying in schools and expenditure therefore was regularly being met by the father even when he was abroad. In his absence the children were removed and got admitted in schools at Lahore by the maternal grand mother against the wishes of the father who took exception to this action. The maternal grand-mother then filed an applica tion under section 10, Guardians and Wards Act, 1890 in the District Court at Lahore for being appointed, as guardian of the persons of minors. The father on his return to Pakistan took objection to the jurisdiction of Lahore Court and also filed an application under section 2.5 in Rawalpindi pleading that the minors had, in his absence, been removed from his custody in a clandestine manner from Rawalpindi. He made efforts to get the proceedings stayed at Lahore but the Lahore Court, allowed the…