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2025 DAILYLAW 39290 (ALL)

IRFAN ALAM v. SHOBI

A227/3492/2025 · 2025-04-09

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52841 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3492 of 2025 Petitioner :- Irfan Alam Respondent :- Shobi Counsel for Petitioner :- Rajneesh Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. This writ petiton has been filed with the following prayer: "(a) To expedite the proceeding of Petition No.4 of 2024 (Irfan Alam Vs. Shobi) U/s 25 of the Guardian and Wards Act, pending since 30.03.2024 before the Court of Principal Judge, Family Court, Mirzapur immediately within some specific time. (b) To expedite the proceeding of interim application for child visitation dated 26.7.2024 of petitioner." It is contended that case under Section 25 of Guardian and Wards Act was filed in the year 2024, which is pending consideration. In the said case, an application for grant of visitation right was also moved on 26.07.2024, which till date has not been decided by the court concerned. The sole prayer made in the writ petition is for expeditious disposal of the petition under Section 25 of the Guardian and Wards Act as well as application for visitation right. 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 Principal Judge, Family Court, Mirazpur to proceed with interim application for visitation right dated 26.07.2024 in Petition No.4 of 2024 (Irfan Alam vs. Shobi) and decide the same in accordance with law, after hearing all affected parties, preferably within a period of three weeks from the date of production of certified copy of this order. As far as the petition under Section 25 of the Guardians and Wards Act i.e. Petition No.4 of 2024 is concerned, the concerned Court shall made every endeavour to decide the same in accordance with law, after hearing all affected parties, preferably within a period of six 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 :- 10.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad