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Riyaz Muhammed vs Sofiya Khan 20 Wp227/239/2019 … on 6 May, 2019

1

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 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.
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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

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