Disposed¶12

Saurabh Kumar Agarwal v. the Learned Court of Addl. Principal Judge 6, Family Court,Lko. and Another

Allahabad HC29 Aug 2024/4081/2024

Case brief

AI extract

What is this about?

Article 227; expeditious disposal; completion of cross-examination; Section 25 Guardian and Wards Act; custody of minor children; Family Court Lucknow; Civil Misc. Case No.295 of 2023; Saurabh Kumar Agarwal Vs. Smita Agarwal; transfer application; liberty to file fresh application; Subhash Vidyarthi, J.; High Court of Judicature at Allahabad, Lucknow Bench; order dated 29.8.2024; Neutral Citation 2024:AHC-LKO:58800.

What did the court decide?

Liberty to the petitioner to file a fresh application for expeditious disposal of the case before the learned Additional Principal Judge-VI, Family Court, Lucknow, where the proceedings are pending; the court concerned to pass suitable orders on such application keeping in view the observations made in the order. ¶12

Saurabh Kumar Agarwal Vs the Learned Court… — Child Custody and Guardianship | Allahabad HC (2024)

What the court decided

AI extract

Outcome

¶12

Issue for consideration

Whether a direction should issue to the Additional Principal Judge-VI, Family Court, Lucknow for expeditious completion of the petitioner's cross-examination and expeditious disposal of Civil Misc. Case No.295 of 2023 (custody of minor children under Section 25 of the Guardian and Wards Act).

¶8

Court's answer

The petition is disposed of by giving liberty to the petitioner to file a fresh application for expeditious disposal of the case before the learned Additional Principal Judge-VI, Family Court, Lucknow, before whom the proceedings are pending, and the court concerned shall pass suitable orders on the application keeping in view the observations made in the order.

¶12

Ratio / Principle

The court's stated reason for the direction: the question of custody of minor children is involved in the present case and each passing day contributes towards deterioration of relations between the children and their father.

¶12

Detailed headnote1 paragraphs

Petition under Article 227 of the Constitution of India seeking a direction to the Additional Principal Judge-VI, Family Court, Lucknow to conclude the petitioner's cross-examination and decide Civil Misc. Case No.295 of 2023 (Saurabh Kumar Agarwal Vs. Smita Agarwal), a custody case for minor children under Section 25 of the Guardian and Wards Act, expeditiously. The respondent-wife had delayed filing the written statement (filed 02.02.2024), sought repeated adjournments, and the case stood transferred by order dated 08.07.2024; an earlier application dated 14.05.2024 for expeditious disposal drew no effective order. Held: petition disposed of with liberty to file a fresh application for expeditious disposal before the court where proceedings are pending, which shall pass suitable orders keeping in view that the question of custody of minor children is involved and each passing day contributes towards deterioration of relations between the children and their father.

¶1

Neutral Citation No. - 2024:AHC-LKO:58800

¶2

Court No. - 19

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 4081 of 2024

¶4

Petitioner :- Saurabh Kumar Agarwal Respondent :- The Learned Court Of Addl. Principal Judge 6, Family Court,Lko. And Another Counsel for Petitioner :- Siddhartha Sinha,Ankit Kumar Pandey

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Heard Sri Siddhartha Sinha, the learned counsel for the petitioner and perused the records.

¶7

At the outset the learned counsel for the petitioner states that he has impleaded the learned Judge as opposite party erroneously. Upon an oral prayer made by the learned counsel for the petitioner he is permitted to strike out the Additional Principal Judge-VI, Family Court, Lucknow from the array of parties.

¶8

By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to the learned Additional Principal Judge-VI, Family Court, Lucknow for completion of petitioner's crossexamination n Civil Misc. Case No.295 of 2023: Saurabh Kumar Agarwal Vs. Smita Agarwal, filed under Section 25 of Guardian and Wards Act expeditiously and also to dispose of the case itself expeditiously.

¶9

The aforesaid case has been filed by the petitioner under Section 25 of Guardians and Wards Act for claiming custody of his son and daughter on 31.07.2023. The respondent/wife appeared before the Family Court on 19.10.2023 and she obtained a copy of petition. 04.11.2023, 11.12.2023, 16.12.2023

¶10

and 16.01.2024 were fixed in the suit for filing written statement but the respondent-wife did not file written statement on the aforesaid dates and ultimately she filed the same on 02.02.2024. On 08.02.2024 the petitioner filed his affidavit as examination-in-chief. On 20.02.2024 and 02.03.2024 the respondent-wife sought adjournment and she again sought adjournment on 18.03.2024 stating that she wished to file a transfer application. Ultimately, the case was transferred by means of an order dated 08.07.2024.

¶11

Submission of the learned counsel for the petitioner is that the cross-examination of the petitioner is fixed on 08.07.2024 and it is yet to conclude. On 14.05.2024 the petitioner had given an application for expeditious disposal of the case on which no effective order has been passed by the Family Court.

¶12

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the question of custody of minor children is involved in the present case and each passing day contributes towards deterioration of relations between the children and their father, the petition is disposed of by giving liberty to the petitioner to file a fresh application for expeditious disposal of the case before the learned Additional Principal Judge-VI, Family Court, Lucknow, before whom the proceedings are pending and the court concerned shall pass suitable orders on the application keeping in view the observations made in this order.

¶13

[Subhash Vidyarthi, J.]

¶14

Order Date :- 29.8.2024 Ram.

¶15

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Saurabh Kumar Agarwal v. the Learned Court of Addl. Principal Judge 6, Family Court,Lko. and Another

Case brief

What is this about?

What did the court decide?

Saurabh Kumar Agarwal v. the Learned Court of Addl. Principal Judge 6, Family Court,Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vivek Tiwari Vs State of U.P. Thru. Prin. Secy. Home Lko. and 6 Others

Jagdev Maurya Vs Civil Judge Senior Division Court No. 10 Distt. Raebareli and Another

Rajesh Pandey Vs Civil Judge (J.D)North Lko and Another

Rohit Shukla vs Court of Learned Addl. Principal Judge-Vi,Family Court,Lko. and Another

Saurabh Kumar Agarwal vs the Learned Court of Addl. Principal Judge 6, Family Court,Lko. and Another

Rajaram vs State of U.P. Thru. Addl. Chief Secy. Stamp and Registration Deptt. Lko. and 2 Others