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2025 DAILYLAW 203161 (ALL)

SANJAY BARNWAL @ GUDDU @ SANJAY MODI v. DIKSHA KUMARI @ CHUTKI THRU. SMT. SULEKHA DEVI AND ANOTHER

A227/7137/2025 · 2025-12-11

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7137 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Vyomesh Chandra Shukla, learned counsel for the petitioner. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the Additional Principal Judge, Family Court, Court No.5, Lucknow to decide the Case No.298 of 2024 (Sanjay Barnwal Vs. Diksha) filed under Section 7/25 of Guardians and Wards Act, 1890. 3. Keeping in view the nature of the relief sought and order proposed to be passed, issuance of notice to the respondents is hereby dispensed with. 4. The aforesaid case has been filed by the petitioner for claiming custody of his daughter aged about six years (respondent no.2), on 10.02.2024. When the respondent no.1 did not appear in spite of service of notice, the case was proceeded ex parte by means of an order dated 21.10.2024. Thereafter, the defendant put in appearance on 14.01.2025 and ultimately, the order to proceed ex parte was set aside on 04.11.2025. 5. The learned counsel for the petitioner has stated that the respondent no.1 again did not appear on 05.11.2025 and the case is now fixed for 07.01.2026. He has further stated that when the matter is regarding the custody of six years' old daughter of the petitioner, it is necessary in the interest of justice that the case be decided expeditiously. Versus Counsel for Petitioner(s) : Vyomesh Chandra Shukla, Manish Kumar, Raghvendra Tewari Counsel for Respondent(s) : Sanjay Barnwal @ Guddu @ Sanjay Modi .....Petitioner(s) Diksha Kumari @ Chutki Thru. Smt. Sulekha Devi And Another .....Respondent(s) 6. Accordingly, the present petition stands disposed off by issuing a direction to the Additional Principal Judge, Family Court, Court No.5, Lucknow to decide the Case No.298 of 2024 (Sanjay Barnwal Vs. Diksha) filed under Section 7/25 of Guardians and Wards Act, 1890, without granting any unnecessary adjournment to either of the parties and and conclude the same at the earliest by fixing dates at short intervals. December 11, 2025 V. Sinha A227 No. 7137 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench