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1. Rule returnable today, learned Advocate Mr. R. S. Sanjanwala appears for and waives service on behalf of the respondent.

2. The present Revision Application arises from the order elated 16th May, 1992 made by the learned-Assistant Judge, Valsad, below application Exh. 14 in Guardianship Application No. 13/1991. The petitioner before this Court is the father of the minor child, and the opponent in the said Application No. 13/1991.

3. The petitioner herein is residing at Dadra in the Union Territory of Dadra and Nagar Haveli. The respondent herein, the applicant in the Application No. 13/1991 (hereinafter referred to as the applicant), is the wife of the petitioner. The dispute is as regards the guardianship of the minor child 'Roshni'.

5. The applicant moved the above referred Guardianship Application No. 13/ 1991 under Section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as "the Act"), in the District Court, Valsad. The applicant claimed that after she went at her matrimonial house alongwith the child 'Roshni', she was ill-treated by her husband and his family members. She was driven out of her house at Dadra and was compelled to go to reside with her parents at Umargaon. She was not allowed to take the child 'Roshni' alongwith her. Thus, she was forcibly deprived of the custody of the child 'Roshni'. She prayed that she be given the custody of the child 'Roshni'. Pending the said Application No. 13/1991, the petitioner-opponent, moved application Exh. 14. The petitioner challenged the jurisdiction of the District Judge. Valsad to entertain the said application and prayed for decision on the Issue as a preliminary issue. The learned Judge rejected the said Application Exh. 14 under the impugned order dated 16th May, 1992. The learned Judge was pleased to hold that the ward in question being a child of tender age, her custody was required to be given to the mother. The mother was residing at Umargaon, the ward in question should be deemed to have her ordinary residence at Umargaon, that is, within the territorial Jurisdiction of the District Court, Valsad. The District Court, Valsad, therefore, had the Jurisdiction to entertain the said Application No. 13/1991.

6. Feeling aggrieved, the petitioner-opponent has preferred the present Revision Application. It would not be out of place to mention here that initially the impugned order was challenged before this court in Appeal From Order, however, it was held that the Appeal From Order, in the subject matter, was not maintainable. Therefore, the present Revision Application.

7. Mr. Panchal has submitted that the Application No. 13/1991 has been preferred under Section 25 of the Act. Section 9 of the Act requires that such application shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides. In the present case, indisputably, the minor 'Roshni' resides with the father at Dadra which is her natural residence also. The minor 'Roshni' therefore, can be said to be ordinarily residing at Dadra which is beyond the territorial jurisdiction of the District Court, Valsad. The District Court, Valsad, therefore, shall have no jurisdiction to entertain the Application No. 13/1991. Mr. Panchal, in support of his argument, has relied upon the judgments in the matters of SM. Vimalabai W/o Baburao Kshirsagar v. Baburao Shamrao Kshirsagar, AIR 1951 Nagpur 179; Bhagyalaxmi v. K. Narayana Rao AIR 1983 Madras 9; and Harihar Pershad Jaiswal v. Suresh Jaiswal, AIR 1978 Andhra Pra. 13.

12. Relying on these judgments, Mr. Sanjanwala has submitted that, at the relevant time, minor 'Roshni', was a child of very tender age; Ordinarily she would remain in the custody of the mother-the applicant, but for the restraint by the petitioner, the applicant would have carried the minor 'Roshni' with her to Umargaon. In that case, Umargaon would have been the place of residence of minor 'Roshni'. Umargaon, therefore, should be treated as a place of ordinary residence of minor 'Roshni'. Umargaon is admittedly situated within the territorial jurisdiction of the District Court, Valsad. The Court at Valsad therefore, has the jurisdiction to entertain the application made by the applicant-mother.