Disposed

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

Allahabad HC29 Aug 2024A227/4081/2024

Case brief

AI extract

What is this about?

Granting liberty to petitioner to file fresh application for expeditious disposal of custody petition, after striking out erroneously impleaded Additional Principal Judge as respondent.

What did the court decide?

Liberty granted to petitioner to file fresh application for expeditious disposal before the Family Court, which is directed to pass suitable orders.

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

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

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Court No. - 19

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

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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

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Hon'ble Subhash Vidyarthi,J.

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

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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.

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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.

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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

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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.

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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.

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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.

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[Subhash Vidyarthi, J.]

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Order Date :- 29.8.2024 Ram.

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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

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

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