LAKSHMAN MORSHET MAPUSKAR Vs. GANGARAM NARAYAN GUDEKAR

JUDGEMENT

(1.) These are two references under Section 14 of the Guardians and Wards Act, VIII of 1890.

(2.) An application has been made by one Laxman Morshet Mapuskar in the District Court of Poona for being declared the guardian of the person of his minor wife Sonabai. An application has also been made in the District Court of Ratnagiri by Valibai, the mother of the said Sonabai, praying that she should be appointed guardian of the person and property of her minor daughter. In accordance with the provisions of Section 14 the District Judges have stayed proceedings and referred the matter to this Court in order that it may be determined in which of the Courts the proceedings with respect to the appointment or declaration of the guardian for the said minor shall be had.

(3.) Presumably, in deciding whether the proceedings should be had in the District Court of Poona or in the District Court of Ratnagiri, this Court should be guided by consideration of the question of jurisdiction. The proper Court to deal with the case is the Court which has jurisdiction under the Guardians and Wards Act. It is provided in Section 9 of the Act that 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. The first question, therefore, is whether this minor girl Sonabai ordinarily resides in the Poona District or in the Ratnagiri District. Considerations of convenience, such as have been urged by Mr. Mulgaonkar, would only be relevant in the event of the facts justifying a finding that" the minor ordinarily resides in both districts.