IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.506 of 2009 DINESH PRASAD, son of Late Saryug Sah, resident of Prem Niwas Purani Jakkanpur Near at Devi Mandir, P.O. G.P.O. Patna, P.S. Jakkanpur, District Patna ……………. Applicant/Appellant Versus 1. Reena Soni, w/o Dinesh Prasad, D/O Sri Ram Lakhan Soni 2. Smt. Sumitra Soni, W/o Sri Ram Lakhan Soni 3. Sri Ram Lakhan Soni, S/o not known 4. Anuj Soni 5. Akhilesh Soni 6. Shailendra Soni @ Mintu Soni All sons of Sri Ramlakhan Soni All resident of Brahm Road Near Sri Ram Hospital, P.O. + P.S. Ambikapur, District Sarguja, Chhatisgarh …… Opposite parties/respondents ----------- 9. 28.04.2010 Heard learned Counsel for the appellant and the learned Counsel for the respondents. Section 9 (1) of the Guardians and Wards Act, 1890 (hereinafter referred to as „the Act‟) reads as follows:- “9(1) 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.” On the own showing of the appellant, his minor child is living with the mother at Ambikapur in the State of Chhatisgarh since February 2006. We have considered the submissions of the appellant and the respondents. The words „ordinarily resides‟ carries its own connotation of a continued residence and abode as distinct from the temporary habitation at another place. On the own showing of the appellant, the minor whose custody is sought is ordinarily a resident of Ambikapur at Chhatisgarh. The Supreme Court considering the meaning of the words „ordinarily resides‟ in 2000 (1 ) PLJR 71 (SC) (Union of India & ors. Vs. Dudh Nath Prasad) at paragraphs 14 and 16 has held as follows:- “14. The word “reside” has been defined in the Oxford Dictionary as “dwell permanently or for a considerable time; to have one‟s settled or usual abode; to live in or at a particular place”. The meaning, therefore, covers not only the place where the person has a permanent residence but also the place where the person has resided for a “considerable time”. 16. If the two meanings referred to above are tobe read along with the word “ordinarily”, it becomes clear that a person, before he can be said tobe “ordinarily residing” at a particular place, has to have an intention to stay at that place for a considerably long time. It would not include a flying visit or a short or casual presence at that place.” In view of the legislative interdict we have no reason to interfere with the impugned order under appeal to come to a different conclusion. The appeal is dismissed. Any application preferred by the appellant under the Act before a Court of competent jurisdiction shall naturally be considered on its own merits when the present order shall have no bearing, as we have declined interference on the ground of lack of territorial jurisdiction only. (Navin Sinha,J.) (Dinesh Kumar Singh,J.) Snkumar/-