Law: Guardians and Wards Act (VIII of 1890)

Section: 9

(a) Guardians and Wards Act (VIII of 1890)  S. 9 Guardianship"Ordinary residence" "Dual residence" Concept of dual nationality, dual citizenship, or dual domicile May at most be extended to dual residenceResidence in one country, in case of dual residence, may be notional and real or ordinary in case of other countryOrdinary residenceMeans residence in fact and not merely in lawEven animus residendi may not be necessaryPerson, held, cannot be treated simultaneously to be "ordinary resident" of both countries within meaning of such expression is S. 9, Guardians and Wards Act, 1890.[Words and phrases]. Muhammad Siddique v. Aziz Bibi P'L D 1970 Lab. 596 and Zubaida Begum v. Ghulam Rasool P L D 1959 Lab. 967 ref. (b) Guardians and Wards Act (VIII of 1890)  S. 9"Ordinary residence"Territorial JurisdictionOrdinary residenceA question of factDomicileA question of law"Ordinary residence"Provides criterion for territorial jurisdiction of Court and not legal concept of domicileChildren ordinarily residing in another place or country outside territorial limits of a Court, even intention at some remote point of time to revert to original country of domicile, held, would not confer jurisdiction upon Courts of such country.[Words and phrasesQuestion of factDomicileJurisdiction]. The Conflict of Laws by J. H. C. Morris (Eighth Edn., pp. 397398; Re : H. (Infants) (1966) 1 All E R 886 (C A) ; Re : E. (An infant) (1967) 1 All E R 881 and The Law Relating to Children by H. K. Bevan, (c) Guardians and Wards Act (VIII of 1890)  S. 9 GuardianshipJurisdictionCases of custody of children Maintainable in Courts within whose jurisdiction children ordinarily resideChildren, in simple case of removal from place of residence of guardian to another placeDeemed or presumed to be residing where actually livingRemoval recent _ and secured by deceitful means Principle of presumption being rebuttable extended to' such case.[Jurisdiction]. Muhammad Siddique v. Aziz Bibi P L D 1970 Lab, 596 ref. (d) Guardians and Wards Act (VIII of 1890)  S. 9Guardianship  Custody Jurisdiction  Mother leaving Pakistan for…