1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4806 of 2011 Dr. Shireesha Mohan ... Petitioner -Versus- Lt. Col. Dr. R. Girish ... Respondent Mr. R.V. Shaha i/by Narendra Deshpande for petitioner. Mr. Siddharth Khattal i/by A.B. Vagyani for Respondent CORAM: SMT. R.P. SONDURBALDOTA, J. Date : 23rd November, 2011. P.C.:- 1 This petition challenges the order dated 15th March 2011 passed by the Principal Judge, Family Court, Pune, dismissing the petition filed by the petitioner for permanent custody of the children of the parties filed under Section 25 of Guardians and Wards Act. The respondent is the father of the children. The marital tie between the petitioner and the respondent was severed vide decree of divorce dated 23rd October 2007. The respondent had filed an application for permanent custody of the children vide ACP VIII Case No. 190 of 2005 in the Court of District Judge, Alipore, West Bengal. The petition 2 was allowed by the District Court by its order dated 10th March 2006 and permanent custody of both the children was given to the respondent. That order came to be unsuccessfully challenged by the petitioner in Calcutta High Court. It appears that after dismissal of her appeal by Calcutta High Court, the petitioner had filed the present proceedings in Pune Family Court. 2. The hearing of the petition for custody by the petitioner had been stayed under Section 10 C.P.C. in view of pendency of the identical proceedings by the respondent at Alipore Court. On disposal of the proceedings at Alipore, the petitioner tried to revive her petition. However, the Family Court, rightly rejected the application on the ground that all the issues arising therein were barred by res-judicata. 3. Considering the fact that there is a decree of competent court in favour of the respondent and that the petitioner had already challenged that decree unsuccessfully, no fault can be found with the impugned order. Hence, the petition is dismissed. (Smt. R.P. SondurBaldota, J)