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
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.
For Petitioner : Ms. Fouzia Mirza, Advocate
For Respondents : Mr. Amrito Das, Advocate
Hon’ble Shri Justice Sanjay K. Agrawal
Order On Board
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 SectionWards Act has been rejected.
2. Learned counsel for the petitioner submits that petitioner’s application
filed under Section 25 of Guardian and SectionWards 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
6. A copy of this order be sent to the concerned Family Court by e-mail/fax.
(Sanjay K. Agrawal)