Disposed

Himanshu Tiwari v. State of U.P. Thru. Its Prin. Secy. Home Lko. and 2 Others

Allahabad HC7 Jun 2022/2116/2022

Case brief

AI extract

What is this about?

In this writ petition under Article 227, the High Court observed that the pending custody case filed by the petitioner father required expedited disposal. The Court dismissed the need for a certified copy of the opposite party notice and disposed of the writ petition by directing the Family Court, District-Lucknow, to decide the custody matter within three months.

What did the court decide?

The Additional Principal Judge-I, Family Court, District-Lucknow to decide the custody case strictly in accordance with law, after hearing, preferably within three months.

Himanshu Tiwari Vs State of U.P. Thru. Its… — Child Custody and Guardianship | Allahabad HC (2022)

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Court No. - 2

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Case :- MATTERS UNDER ARTICLE 227 No. - 2116 of 2022 Petitioner :- Himanshu Tiwari Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Pratul Gupta Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

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In view of the proposed order, the notice to opposite party No.3 is hereby dispensed with.

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By means of this writ petition, the petitioner has prayed for the following reliefs:-

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"(A) To issue an order or direction in the appropriate nature directing the opposite party No.2 to decide the custody case filed by the petitioner father i.e. Misc. Case No.210 of 2019, under Section 25 of Guardians and Wards Act, 1890 r/w Section 6 (a) of Hindu Adoption and Maintenance Act, 1956 pending before it expeditiously within a minimum time-bound period of three (3) months in the light of judgment of Division Bench of Hon'ble Allahabad High Court rendered in the case of Prabhat Narain Tikoo vs. Mamta Tikoo & Ors. 1998 (2) AWC 1551, II (1998) DMC 333."

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Learned counsel for the petitioner after arguing the matter at some length has prayed that ends of justice would suffice if necessary direction is issued to the authority concerned for disposal of the aforesaid case of the petitioner with expedition.

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Learned Standing Counsel has no objection if necessary direction for disposal of the aforesaid case of the petitioner is issued.

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In view of the above, without entering into merits of the issue, the instant writ petition is disposed of finally at the admission stage directing the opposite party No.2 i.e. the Additional Principal Judge-I, Family Court, District-Lucknow to decide the case of the petitioner bearing Misc. Case No.210 of 2019, under Section 25 of Guardians and Wards Act, 1890 r/w Section 6 (a) of Hindu Adoption and Maintenance Act, 1956, strictly in accordance with law, after affording an opportunity of hearing

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to the parties concerned with expedition preferably within a period of three months from the date of receipt of a certified copy of this order.

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Accordingly, the writ petition is disposed of finally.

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Order Date :- 7.6.2022 [Rajesh Singh Chauhan,J.] Suresh/

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Digitally signed by SURESH CHANDRA Date: 2022.06.07 18:52:40 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Himanshu Tiwari v. State of U.P. Thru. Its Prin. Secy. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Himanshu Tiwari v. State of U.P. Thru. Its Prin. Secy. Home Lko. and 2 Others

Case brief

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