Riyaz Muhammed v. Sofiya Khan
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 959 of 2018 Riyaz Muhammed S/o Ismail Syed Mohammed, Aged About 36 Years R/o Mediyal Veldu, M.C. Street, Balarampuram, Thiruvanathapuram, Kerala. At Present R/o Flat No. 410, Azizi Fairoz, Jabal Ali One, Dubai U.A.E ---- Petitioner
Versus
1. Sofiya Khan W/o Riyaz Mahammed Aged About 28 Years R/o House Of Gani Khan Ji, Nurani Chowk, Raipur, Chhattisgarh.
2. Ku. Aabru Riyaz D/o Riyaz Muhammed Aged About 4 Years Caste- Muslim D.O.B. 19.02.2014, Through Her Natural Guardian Mother Sofiya Khan. At Present R/o House Of Gani Khan, Nurani Chowk, Raipur, Chhattisgarh. ----Respondents For Petitioner :
Ms. Fouzia Mirza, Advocate For Respondents :
Mr. Amrito Das, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 06/05/19
1. This writ petition under Section 227 of the Constitution of India has been preferred by the petitioner against the order dated 16/02/2018 passed by the learned First Additional Principle Judge, Family Court, Raipur in Case No. 95/2017 whereby petitioner's application under Section 12 of Guardian and Wards Act has been rejected.
2. Learned counsel for the petitioner submits that petitioner's application filed under Section 25 of Guardian and Wards Act for custody of his daughter i.e. respondent No. 2 is pending consideration before the learned First Additional Principle Judge, Family Court, Raipur since 04/09/2017, therefore, it be directed to expedite.
3. Learned counsel for the respondents has no objection to the submission made by learned counsel for the petitioner.
4. Considering that the dispute is with regard to custody of respondent No. 2 and it is pending for more than three years, it would be expedient to direct the First Additional Principle Judge, Family Court, Raipur to hear and dispose of the matter within four months from the date of receipt of the copy of this order. Accordingly, the First Additional Principle Judge, Family Court, Raipur is directed to do the same and conclude the trial within four months' from the date of receipt of the copy of this order.
5. With the aforesaid direction, this writ petition stands disposed of. No cost(s).
6. A copy of this order be sent to the concerned Family Court by e-mail/fax. Sd/- (Sanjay K. Agrawal) Judge Harneet