Furqan Maqsood Kidwai Vs Addl. Principal… — Writ and Judicial Review | Allahabad HC (2025)

Furqan Maqsood Kidwai Vs Addl. Principal… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Orders rejecting the applications for recall of the ex-parte orders dated 06.07.2022, 15.05.2023 and 19.07.2024 quashed; petitioner permitted to attend the proceedings through video conferencing on an application moved through his power-of-attorney holder, to be heard via video conferencing if the Court desires, and matter to be decided on merits; writ petition dismissed insofar as it challenges the order dated 22.11.2024.

Issue for consideration

Whether interference is warranted with the Family Court, Barabanki orders rejecting the petitioner's applications to appear through a power-of-attorney holder and through counsel, and his application for recall of the ex-parte orders, given that he works in Saudi Arabia and cannot personally attend the proceedings.

Court's answer

Considering that the petitioner is not available in India, the petition is partly allowed and the orders rejecting the applications for recall of the ex-parte orders dated 06.07.2022, 15.05.2023 and 19.07.2024 are quashed.

Ratio / Principle

The writ petition is dismissed insofar as it relates to the order dated 22.11.2024.

Key takeaways

The petitioner is permitted to attend the proceedings through video conferencing; he may move an application through his power-of-attorney holder, and if the Court desires, the petitioner shall be heard through video conferencing and the matter decided on merits in accordance with law.ratio¶11

Detailed headnote1 paragraphs

Article 227 petition by Furqan Maqsood Kidwai, stated to be working in Saudi Arabia, against five orders (dated 08.09.2021, 06.07.2022, 15.05.2023, 19.07.2024 and 22.11.2024) of the Family Court, Barabanki, whereby his applications to be represented through a power-of-attorney holder (his father) and through counsel, and his application for recall of the ex-parte orders, were rejected. Held: as the petitioner is not available in India, the petition is partly allowed and the orders rejecting the recall applications dated 06.07.2022, 15.05.2023 and 19.07.2024 are quashed; the writ petition is dismissed insofar as it relates to the order dated 22.11.2024. The petitioner is permitted to attend the proceedings through video conferencing on moving an application through his power-of-attorney holder, and if the Court so desires he shall be heard through video conferencing, the matter to be decided on merits in accordance with law. Decided 24.1.2025 by Hon'ble Pankaj Bhatia, J., High Court of Judicature at Allahabad, Lucknow Bench (Neutral Citation 2025:AHC-LKO:4800).

Neutral Citation No. - 2025:AHC-LKO:4800

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 274 of 2025 Petitioner :- Furqan Maqsood Kidwai Respondent :- Addl. Principal Judge-Ii, Family Court, Barabanki And Another

Counsel for Petitioner :- Shailendra Kumar Tiwari,Sunny Sharma,Vijay Kumar Dubey

Hon'ble Pankaj Bhatia,J.

1 . Heard learned Counsel for the petitioner.

2 . The present petition has been filed by the petitioner challenging the orders dated 08.09.2021, 06.07.2022, 15.05.2023, 19.07.2024 and 22.11.2024 passed by the Family Court, Barabanki.

3 . The contention of the Counsel for the petitioner is that an exparte order was passed against the petitioner. The petitioner is said to be working at Saudi Arabia and is unable to attend the proceedings, which have been initiated at Lucknow, as such, an application was filed through a power attorney holder, who is the father of the petitioner to be permitted to represent the case of the petitioner. The said application was rejected. Thereafter, the petitioner again moved an application through Counsel and again the same was rejected.

4 . The Counsel for the petitioner further argues that on account of his occupation at foreign country, is unable to attend the proceedings and has moved an application for recall of the exparte order.

5 . Considering the fact that the petitioner is not available in India, the present petition is partly allowed quashing the orders rejecting the applications for recall of the ex-parte orders dated 06.07.2022, 15.05.2023 and 19.07.2024 are quashed. The writ petition is dismissed insofar as it relates against the order dated 22.11.2024.

6 . The petitioner is permitted to attend the proceedings through Video Conferencing, to which, he may move an application through power of attorney holder and if desires by the Court, the petitioner shall be heard through video conferencing and the matter shall be decided in accordance with law on merits.

Order Date :- 24.1.2025 akverma

Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench