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2025 DAILYLAW 176575 (ALL)

RAJNEET KAUR v. SRI AMANDEEP SINGH SACHDEVA @ SAMY

/6321/2025 · 2025-11-13

S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6321 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Ram Kumar Singh along with Sri Vishwas Shukla, learned counsel for the petitioner and perused the material available on record. 2. In view of the proposed order being passed, notice to respondent is hereby dispensed with. 3. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed for a direction to the opposite party to handover the custody of twin minor children to the petitioner, being the biological mother of the said twin minor children for providing proper care, feeding etc. The petitioner has also prayed for a direction to the learned Court of Additional Principal Judge, Family Court No. IX, Lucknow to consider and decide the pending application under Section 26 of the Hindu Marriage Act, 1955 expeditiously. 4. The submission of the learned counsel appearing on behalf of the petitioner is that an application under Section 26 of the Hindu Marriage Act, 1955 was filed by the petitioner on 18.02.2025 and since then the same is pending for consideration. It is also submitted on behalf of the petitioner that in the said proceeding, service of Versus Counsel for Petitioner(s) : Ram Kumar Singh, Vishwas Shukla Counsel for Respondent(s) : Ranjeet Kaur .....Petitioner(s) Sri Amandeep Singh Sachdeva @ Samy .....Respondent(s) notice has been presumed sufficient vide order dated 11.04.2025 but till date, neither any objection has been filed nor the opposite party has appeared in the matter. It is submitted by the learned counsel for the petitioner that the very object of Section 26 of the Hindu Marriage Act, 1955 shall be frustrated in case the aforesaid application is not decided at the earliest. 5. In the instant case, the aforesaid twin minor children having age of about two months needs proper care and feeding etc by the biological mother (petitioner herein). The kids also needs special protection. 6. Taking into consideration the seriousness of the matter, this Court finds it appropriate to direct the learned Additional Principal Judge, Family Court-IX, Lucknow to decide the pending application filed under Section 26 of the Hindu Marriage Act, 1955 strictly in accordance with law, after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a maximum period of two months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, the same shall be granted only in exceptional circumstances. 7. The petition is disposed of in terms of the above. November 13, 2025 Arun A227 No. 6321 of 2025 2 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench