ANUJ JAISAWAL v. SMT.SINGARIKA JAISWAL AND 2 OTHERS
A227/1857/2025 · 2025-02-23
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22209 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22209 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:26168 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1857 of 2025 Petitioner :- Anuj Jaisawal Respondent :- Smt.Singarika Jaiswal And 2 Others Counsel for Petitioner :- Dhiraj Srivastava,Yatharth Srivastava Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:
"(I) Direct the Principal Judge, Family Court, Mirzapur to ensure the meeting of minor son namely Master Om Son of Anuj Jaisawal with the petitioner at teh specified place, within stipulated period and time as specified by this Hon'ble Court. (II) Direct the respondent no.1 to ensure the meeting of minor son namely Master Om Son of Anuj Jaisawal with the petitioner at the specified place, within stipulated period and time as specified by this Hon'ble Court." At the very outset, learned counsel for the petitioner submits that he is not pressing the prayer made in the writ petition and is only confining to the direction to the Court below to proceed with the case filed under Section 8 of the Guardians and Wards Act, 1890, which has been registered as Case No.15 of 2023, which is pending consideration before the Family Court, Mirzapur. He further contends that in the aforesaid case, an application under Section 12 of Guardian and Wards Act, 1890 for visitation rights which is also pending consideration and a direction may also be issued for expeditious disposal of the said application. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Family Court, Mirzapur to proceed the application for visitation rights under Section 12 of Guardians & Wards Act and shall make every endeavour to decide the same in accordance with law, after hearing all affected parties, within a period of one month and shall also finally adjudicate upon the Case No.15 of 2023 filed under Section 18 of Guardian and Wards Act in accordance with law preferably within a period of four months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 24.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad