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2025 DAILYLAW 86492 (ALL)

ZIYAUL HAQ v. JAINAB KHATOON

A227/9299/2025 · 2025-08-19

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142057 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9299 of 2025 Petitioner :- Ziyaul Haq Respondent :- Jainab Khatoon Counsel for Petitioner :- Manish Kumar,Sumit Kumar Srivastava Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following reliefs: "1. To set aside the order dated 15.07.2025 rejecting the interim stay application "8C" of the petitioner for stay the effect and operation of order dated 12.03.2025 (granting dissolution of marriage to respondent). II. To direct the court below to decide the restoration application No.13/2025, Ziyaul Haq vs Jainab Khatoon along with section 5 of limitation act in marriage case No. 115 of 2024, Jainab Khatton Vs Ziyaul Haq pending in the court of Principal Judge Family Court Maharajganj within the stipulated time. III. To stay the effect and operation of order dated 12.03.2025 allowing the application of Dissolution of Marriage of respondent till the pendency of restoration application of petitioner." 3. Contention of the learned counsel for the petitioner is that the restoration application is pending since 15.07.2025 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 4. In view of above, 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, Maharajganj to consider and decide the restoration application, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 20.8.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad