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.

ORDER :

1. The learned Government Pleader placed before us three reports in three separate sealed envelopes, which are:

(i) Report from District Child Protection Officer, dated 23rd February, 2022.

(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 appearing on behalf of Miss. Julie Roy has submitted that the exercise of jurisdiction by CWC under Section 37 of the Juvenile Justice Act read with the relevant Rules is not applicable in the instant case since the child was taken well care by her care giver. The decision of the CWC to remove the child from the custody of her care giver on 16th February, 2022 and to place the child under the custody of Superintendent, Nabajibon Home is contrary to law, illegal and without jurisdiction.

4. Mr. Bhattacharyya submitted that it was never the intention of this court to allow the CWC to separate the child from the care giver. In any event, the child is not in need of care and protection as defined under Section 2 (14) of the Juvenile Justice (Care and Protection of Child) Act, 2015. Appropriate direction may be passed to restore the child to the care giver with the right of visitation by the biological father that was existing since 17th November, 2021.

5. Per contra, Mr. Debojyoti Dutta, the learned Counsel appearing on behalf of the appellant/father has submitted that unless the child is separated from Julie Roy and is allowed to freely interact with the father, the bonding between the father and the child would never take place. Moreover, the child was taken into custody illegally by the neighbour without any order from any court or any competent authority and the circumstances are such that unless the child is separated and/or removed from the custody of Julie Roy, there is no possibility of a healthy and emotional bonding with the father. Mr. Dutta supports the action taken by the CWC in this regard and submits that the child is being properly looked after by their specialised agency and the said arrangement should continue which will ensure benefit of the child.

6. In order to appreciate the contention of the parties with regard to the measure taken by CWC for separating the child from her alleged care giver Julie Roy in exercise of its power under Section 37 of the Juvenile Justice Act read with Rule 18 of the West Bengal Juvenile Justice (Care and Protection of Child) Rules 2017, it is necessary for us to look in retrospect, the circumstances under which we directed the CWC to intervene and take appropriate measure.

7. The appellant is the biological father of the minor girl. A custody battle was fought between the father and maternal grandmother. The trial court granted custody to grandmother.

8. This order is under challenge. During the pendency of the appeal the grandmother expired. The appellant/father immediately approached the co-ordinate bench with a prayer for custody of the child. The appellant contended before the co-ordinate bench that the minor is presently in the care of one Julie Roy, a neighbour and a next friend who had taken steps to seek