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2025 DAILYLAW 118972 (ALL)

FURQAN MAQSOOD KIDWAI v. ADDL. PRINCIPAL JUDGE-II, FAMILY COURT, BARABANKI AND ANOTHER

/274/2025 · 2025-01-24

Pankaj Bhatia

body2025

Judgment text

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