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2025 DAILYLAW 200985 (ALL)

DR. ABHISHEK SAXENA v. SMT. AKANKSHA SAXENA

A227/12540/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12540 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner and perused the record. 2. This petition has been filed for following relief: "Issue necessary direction directing the Court of Principal Judge, Family Court, Room No. 2, Meerut to decide the counter claim of Dr. Abhishek Saxena being counter claim No. 7/2025 (Dr. Abhishek Saxena v. Smt. Akanksha Saxena pending before the Principal Judge, Family Court, Meerut, filed in GW Suit No. 07 of 2025 (Smt. Shushma Saxena v. Smt. Akanksha Saxena and others). By way of the counter claim, Dr. Abhishek Saxena sought Custody of his daughter Km. Alishka and Guardianship, for her proper Care, Education and to ensure better future. II. Issue necessary direction directing the Court of Principal Judge, Family Court, Room No. 2, Meerut to decide the GW Suit No. 7 of 2025 (Smt. Sushma Saxena vs. Smt. Akanksha Saxena and another) under Section 8/25 of Guardians and Wards Act, 1890, expeditiously and preferably within the stipulated period of time." 3. Contention of the learned counsel for the petitioner is that the suit under Section 8/25 of Guardians and Wards Act, 1890, is pending consideration. It is further submitted by learned counsel for the petitioner that the case is at the stage of recording of evidence. It is further submitted by learned counsel for the petitioner that several dates have been fixed but the same has not been decided yet. He prayed that the same may be decided expeditiously. Versus Counsel for Petitioner(s) : Mohan Srivastava Counsel for Respondent(s) : Dr. Abhishek Saxena .....Petitioner(s) Smt. Akanksha Saxena .....Respondent(s) 4. No useful purpose would be served in keeping this petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to the Principal Judge, Family Court, Room No. 2, Meerut to consider and decide the aforesaid case, in accordance with law, expeditiously, preferably within a period of eighteen months from the date of production of a certified copy of this order after ensuring service upon all the parties concerned and after giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. October 15, 2025 Ved Prakash A227 No. 12540 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad