HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (2271 No. 7683/2011 WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon’bie Mr. T.P.Sharma, J.) Present:— Smt. Madhu Saraf, petitioner in person. Respondent not noticed. ORDER [Passed on 15/ 12/2011) 1. By this petition under Article 227 of the Constitution of India petitioner in peison Smt. Madhu Saraf has challenged the legality and propriety of order framing issues dated 17/ 11/2011 whereby Judge, Family Court Janjgeer—Champa, C.G. has framed following issues in civil suit No. 36A] 2011 filed by respondent i.e. husband of the petitioner No 1 whereby respondent has challenged the paternity of the petitioner N0. 2. 2. Judge, Family Court, Janjgeer-Champa has framed issue No. 1 as follows:— 1. animanmamefranmmgmwm W$W1Mngm$uwfnm we? PETITIONERS 1. Smt. Madhu Saraf, aged 35 years, APPLICANTS Husband Rajesh Som' & Fathar Basant Saraf, 2. Ku. Anjali, agcd 2 years 10 months Mother Smt. Madhu Saraf Minor through guanlian Mother Smt. Madhu Saraf Both resident of Hatri Chouk, Dewangan Mohalla, Juna Bilaspur, Bilaspur (C.G.) Police Station City Kotwali, Tahsil Bilaspur 8r, District Bilaspur (C‘GJ, RESPONDENT Rajesh Sonj, aged 35 years, Father Nohar Lal Soni, R/o Main Road, Chandipara Shree Jewelers, Pamgarh, Tahsil Pamgarh Police Station Pamgarh, District Janjgeer Champa (C.G.). _._.._._ @ ,x 3. Petitioner in person submits that pmviously in Misc. Criminal Case No. 81/2009, Judge, Family Court, Bilaspur C.G. has framed same issue as “whether (Anjah‘ applicant No. 2) is child of non—applicant i.e. present tespondent? and vide order dated 1/12/2010 Judge Family Court, Bilaspur C.G. has anived at a finding in proceeding under Section 125 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) that petitioner No. 2 is a daughter of respondent. 4. Petitioner in person further submits that aforesaid issues has been finally decided by the competent Court therefore, again framing of the same issue is barred by Principle of resjudicata and by framing such issue Jud ge, Family Court has committed illegality. 5. Issue No. 1 order dated ] / 12/2010 passed by Judge, Family Court Bilaspur in Misc. Criminal Case No. 81/ 2009 and other documents perused. Judge Family Court, Bilaspur has speciiically passed following order while awarding maintenance. Para 50(2) as follows: — /:i (2)"31'urvfr" a? Flea Wd mats: “é mama; WWdMummmwamm mmmaé lumauam125$anmmua Wmuwwu'mwu’é’f‘gl 6. After passing such order respondent has filed suit for declaration in which aforesaid issue has been framed. At the time of granting maintenance in summery proceeding Judge, Family Court, Bilaspur has held that petitioner No. 2 is a daughter of respondent. Aforesaid finding was subject to the decision of the Civil Court and respondent has filed civil suit for declaration that petitioner No. 2 is not daughter of respondent. By naming aforesaid issues Judge, Family Court has not committed any illegality requiring any interference in exercise of supervisory jurisdiction. Consequently, petition is liable to be dismissed and is hereby dismissed. Petitioner is contesting her case in person. After order passed by /;, Judge, Family Court, Bilaspur and tiling of suit for dtclalation by respondent it would be better that peu‘tioner must be represented and assisted by some counsel to safe her interest consequently, Judge Family Court, Janjgeer-Champa is directed to advice her and provide legal aid in aforesaid civil suit. 7. Interim applications are also dismissed. No order as to costs. Certified copy as per rules. Sd/— T. P. Sharma Judge