(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.
(2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides or to a District Court having jurisdiction in a place where he has property.
(3) If an application with respect to the guardianship of the property of a minor is made to a District Court other than that having jurisdiction in the place where the minor ordinarily resides, the Court may return the application if in its opinion the application would be disposed of more justly or conveniently by any other District Court.
Legal Commentary & Landmark Judgments: Section 9
Section 9 of the Guardians and Wards Act, 1890 establishes the territorial jurisdiction of courts entertaining guardianship and custody applications.
The interpretation of 'ordinarily resides' has been the subject of definitive Supreme Court rulings.
Section 9(1) is the primary threshold battleground in child custody litigation. A father cannot invoke the jurisdiction of his home court merely because he resides there or because the marriage took place there; the petition must be presented strictly where the child actually and ordinarily lives. Unilateral flight to a new jurisdiction to file a custody case is routinely dismissed for lack of territorial jurisdiction under Section 9.