AJOY KUMAR MUKHERJEE, SOUMEN SEN
TUSHAR KANTI DAS – Appellant
Versus
KAJAL SAHA – Respondent
ORDER :
1. The learned Government Pleader placed before us three reports in three separate sealed envelopes, which are:
(ii) Report from Counselor, Juvenile Justice Board, Howrah, dated 23rd February, 2022.
(iii) Report from the Child Welfare Committee, Howrah dated 23rd February, 2022.
2. We have perused the reports carefully. The District Child Protection Officer in his report has stated that clinical Psychologist and Counsellor of Juvenile Justice Board, Howrah had interacted with the child on 9th February, 2022 and 22nd February, 2022 when it was noticed that the child was interacting gladly with her biological father and she was happy though the child was also concerned about Julie Roy, with whom she was living. In our previous order dated 2nd February, 2022, we have permitted CWC to exercise all or any of the powers under Section 37 of the Juvenile Justice (Care and Protection of Children) Act, 2015 read with Rule 18 of the West Bengal Juvenile Justice (Care and Protection of Children) Rules, 2017, keeping in mind the welfare of the child.
3. Mr. Bikash Ranjan Bhattacharyya, the learned Senior Counsel app
The welfare of the child is paramount in child custody matters, and the court has parens patriae jurisdiction to ensure the child's well-being.
The biological father's consent is not required for the adoption of a child born from sexual assault when the mother is a minor, prioritizing the child's welfare and the mother's status as the natura....
Guardians and Wards - Child in need of care and protection – Rights of children - Rights of children are protected and that broad and purposeful interpretation is given to the definition “child in ne....
The welfare of the child prevails over the natural guardianship rights, as established by the father's inability to demonstrate he could serve the child's best interests compared to the established c....
The welfare of the child is the paramount consideration in deciding custody disputes, and the child's right to know her birth parents is essential.
(1) Courts while considering question of a minor child’s custody, has to keep in mind overall well being of child and paramount consideration should be only its welfare.(2) It is discretion of Family....
Custody of child – Welfare of child is focal point.
The importance of following the procedures outlined in the Juvenile Justice Act, 2015 and the Rules, 2018 to protect the best interest of the child throughout the adoption process.
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