Law:

Section:

Guardians and Wards Act, 1890 (VIII of 1890)-- ----S. 9--Meaning & interpretation of the word "ordinarily residing" as contemplated in Section 9 of the Guardian & wards Act--Question, whether temporary removed of minors to Lahore could bestow jurisdiction on Guardian Judge at Lahore--The word "ordinarily" by its dictionary meanings, has been defined as "usually. Commonly, mostly and normally"--Some times it is also used to cannote a thing adopted habitually as a rule by an large--The words "Where the minor ordinary resides" have been used in Ss. 9 and 10 of the Guardians and Wards Act for the purpose of determination of the jurisdiction of the Court to entertain an application regarding the appointment and declaration of the guardians. Guardians and Wards Act, 1890 (VIII of 1890)-- ----S. 9--Question as to what place, the minors ordinarily reside, is a question of fact to be decided on the basis of evidence placed on record. Guardians and Wards Act, 1890 (VIII of 1890)-- ----S. 9--A person or a chilled may have been residing for years at a specific place, his parents may also be the residents of such place, but the situation can radically change if in the circumstances of a family and especially for any substantially need and requirement of the minor, a decision is taken for their shifting to some other place. Guardians and Wards Act, 1890 (VIII of 1890)-- ----S. 9--Where the children are shifted for the purpose of their education--It they join regular classes in regular and well recognized educational institution at the same time it being the intention of one or of both the spouses to continue their education at such place, the place of their education shall also become the place where they ordinary reside. Guardians and Wards Act, 1890 (VIII of 1890)-- ----S. 9--The expression "ordinarily" might signify a casual dwelling at a place, where mother might bring the children with a positive intention to proved them education--It might not be permanent dwelling place either, but it is definitely not a temporary dwelling as well dismissed. THIS ORDER PASSED BY: ZUBDA-TUL-HUSSAIN, JUSTICE---.--- The spouses namely Malik Gulraiz Ahmad Awan i.e. the petitioner…

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