HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT pETITmN (M227) no. 5037 OF 2011 PETITIONER Hemant Modi S/o Shankarlal Modi, aged about 45 yeaxs, R/o Boojibhawan Chowk, Raigarh, 'Distt. Raigarh (CG). RESPONDENT Smt. Rckha Modi D/o Budhram Plaintiff Agxawal, W/o Hemant Modi, aged about 35 years, R/o Boojibhawan Chowk, Raigarh, Distt. Raigarh (CG). WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon’ble Mr. T.P.Sharma, J.) Present- Shri Awadh Tripathi, Advocate for the petitioner. Respondent not noticed. TV ORAL- ORDER (Passed on 30/08/2011) 1. By this petition under Article 227 of the Constitution of India petitioner has challenged the legality and propriety of the onler dated 9/8/2011 passed by Judge, Family Court, Raigarh (C.G.) in civil suit No. 19A/ 10 wheleby Judge Family Court has dismissed the applicau'on for delen‘on of issue No. 3 relating to custody of child. Shn‘ Awadh Tripathi, learned counsel for the petitioner is heard. Order impugned, copy of the reply, copy of the issues h‘amed and copy of other documents perused. Although, respondent is not pleaded the fact relating to the custody of child in her petition but has claimed relief of custody of child. Considering the relief which is subject matter of Section 26 of the Hindu Marriage Act, 1955 Court below has dismissed the application for deletion of issue No. 3 relating to custody of child. While passing such order of dismissal of application Court below has not committed any illegality requiring any interference in exercise of supervisory writ jurisdiction. Consequently, petition is liable to be dismissed and is hereby dismissed at the stage of motion itself. 4. LA. Not 01 stands disposed of. No order as to costs. Sd/- T.P. Sharma Judge % Defendant