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

Quashing of the Family Court orders rejecting the applications for recall of the ex-parte orders dated 06.07.2022, 15.05.2023 and 19.07.2024; permission for the petitioner to attend proceedings through Video Conferencing upon application through his power of attorney holder, with hearing through video conferencing if desired by the Court; the writ is dismissed insofar as it relates against the order dated 22.11.2024.

Issue for consideration

Whether 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 and challenged by the petitioner under Article 227 should be quashed. +1 more

Court's answer

Considering that the petitioner is not available in India, the present 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 against the order dated 22.11.2024.

Key takeaways

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

Detailed headnote1 paragraphs

Matters Under Article 227 No. 274 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 7; Neutral Citation 2025:AHC-LKO:4800) — Furqan Maqsood Kidwai v. Addl. Principal Judge-II, Family Court, Barabanki and another — Order dated 24.1.2025 (Hon'ble Pankaj Bhatia, J.). The petitioner, employed in Saudi Arabia and unable to attend proceedings initiated at Lucknow, had applications filed through a power-of-attorney holder (his father) and subsequently through Counsel rejected by the Family Court, Barabanki, and had further moved an application for recall of an ex-parte order; the challenged Family Court orders bear dates 08.09.2021, 06.07.2022, 15.05.2023, 19.07.2024 and 22.11.2024. Holding: considering that the petitioner is not available in India, the petition is partly allowed — the orders rejecting the applications for recall dated 06.07.2022, 15.05.2023 and 19.07.2024 are quashed, while the writ is dismissed insofar as it relates against the order dated 22.11.2024. The petitioner is permitted to attend proceedings through Video Conferencing upon moving an application through his power-of-attorney holder; if the Court so desires, he shall be heard through video conferencing and the matter shall be decided in accordance with law on merits.

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