W.P. No. 19557 (W) of 2017
The State of West Bengal Ors.
Mr. Nilanjan Bhattacharjee
Mrs. Paromita Roy ..For the Petitioner
Mr. Probal Mukherjee
Mr. Sukanta Chakraborty .. For the State
Affidavit-of-service filed in Court today be kept with the record.
The petitioner assails an order dated July 19, 2017 of the Child Welfare Committee
directing production of two minor female children before them for the purpose of
deciding their custody.
Learned advocate for the petitioner submits that the petitioner is the maternal
grandmother of the two children. The mother has died. A proceeding under section 498A
of the Indian Penal Code is pending. He submits that the petitioner and the two minor
children being governed by the Muslim Personal Law, the maternal grandmother being
the writ petitioner herein, is entitled to the custody of such children. Moreover, a petition
under the Guardian and Wards Act filed at the behest of the writ petitioner is pending
consideration before the learned District Judge. The private respondent who is the father
of the two children concerned had filed a proceedings under the Guardian and Wards Act
and had allowed the same to be dismissed for non-prosecution. The private respondents
had thereafter approached the Child Welfare Committee for the custody.
Learned advocate for the State submits that the writ petition is not maintainable.
He further submits that if aggrieved by an order passed by the Child Welfare Committee
the petitioner is entitled to apply for revision of the same.
None appears for the private respondents. Affidavit-of-service filed in Court today
be kept with the record.
It appears that, by an order dated July 19, 2017, the Child Welfare Committee has
directed production of the two minor female children in the custody of the writ petitioner
for the purpose of deciding on their custody. The hearing is fixed on July 25, 2017.
Without prejudice to the rights and contentions of the parties, and without
prejudice to the point of maintainability of the writ petition, it would be appropriate to
request the Child Welfare Committee not to implement any decision taken by it on July
25, 2017 with regard to the custody of the two minor children.
Learned advocate for the writ petitioner submits in Court that the writ petitioner
will produce the two minor children before the Child Welfare Committee on July 25, 2017.
Let the writ petitioner do so. As indicated above, the Child Welfare Committee is at
liberty to take up the issue for consideration, pass an order and will proceed not to
implement the same until August 31, 2017 or until further orders of this Court whichever
So far as the private respondent is concerned, leave under Rule 26 of the Writ Rules
is granted given the urgency.
List this writ petition on August 03, 2017 for further consideration.
The petitioner is directed to serve a copy of this order on the private respondent
and to file an affidavit of service to such effect on the next date of hearing.
Urgent certified website copies of this order, if applied for, be made available to the
parties upon compliance of the requisite formalities.
( Debangsu Basak, J. )