HIGH COURT OF TRIPURA

AGARTALA

WP(CRL.) NO.07 OF 2025

Smt. Sunanda Gon Choudhury, D/O: Sri Narayan Gon Choudhury, R/O: Glorious Apartment, 1st Floor, Madhyapara-4, P.O: Agartala, P.S: West

Agartala, Dist: West Tripura, PIN: 799001, aged about: 51 years.

…… Appellant(s

Versus

1. The Child Welfare Committee, Represented by its Chair Person, Dhalai

District, Jawaharnagar, P.O & P.S: Ambassa, Dist: Dhalai, PIN: 799289.

2. Sri Prantosh Datta, Chair Person, Child Welfare Committee,

Jawaharnagar, P.O & P.S: Ambassa, Dist: Dhalai, PIN: 799289.

3. Smt. Gita Lodh Guha Roy. Member, Child Welfare Committee,

Jawaharnagar, P.O & P.S: Ambassa, Dist: Dhalai, PIN: 799289.

4. Sri Rajib Bhatacharjee, Member, Child Welfare Committee, Jawaharnagar,

P.O & P.S: Ambassa, Dist: Dhalai, PIN: 799289.

5. Smt. Madhumita Datta Ghosh, Member, Child Welfare Committee,

Jawaharnagar, P.O & P.S: Ambassa, Dist: Dhalai, PIN: 799289.

6. Smt. Rupa Majumder Datta, Member, Child Welfare Committee,

Jawaharnagar, P.O & P.S: Ambassa, Dist: Dhalai, PIN: 799289.

.......Respondent(s

For the Petitioner(s) : Mr. Arijit Bhowmik, Advocate.

Mr. P. Bhattacharjee, Advocate.

Mr. U. Das, Advocate. Mr. S. Saha, Advocate.

For the Respondent(s) : Mr. P. Gautam, Sr. G.A.

Date of hearing and delivery of

Judgment & Order : 06.01.2026.

Whether fit for reporting : YES.

HON’BLE JUSTICE DR. T. AMARNATH GOUD HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA J U D G M E N T & O R D E R(ORAL)

(T. AMARNATH GOUD,J)

1. Heard Mr. A. Bhowmik, learned counsel appearing for the petitioner, as well as Mr. P. Gautam, learned counsel appearing on behalf of respondents No. 1 to 6.

2. The facts of the case are that the petitioner was married to Sri Narayan Singha on 02.02.2014 according to Hindu rites and customs. Owing to marital discord, the petitioner instituted a divorce suit being T.S. (Div) No. 214 of 2022 before the learned Family Court, West Tripura, Agartala, which was allowed, and the marriage between the parties was dissolved by judgment and decree dated 18.07.2024. No child was born out of the said wedlock. After the divorce, with the consent of her family members, the petitioner approached the Child Welfare Committee seeking foster care of a child. By decision dated 13.09.2024, the Child Welfare Committee, Dhalai District, Ambassa, upon considering the relevant reports, declared Master Kumit Gour, aged about 10 years, to be a child in need of care and protection and placed him in foster care with the petitioner for a period of one year. Subsequently, the petitioner reported serious behavioural issues of the child and, after attempting to care for him for about six months, requested the authorities by letter dated 26.03.2025 to take back the child. Pursuant thereto, by order dated 06.05.2025, the Child Welfare Committee directed the release of the child from foster care and his placement in an open shelter at Melarmath, West Tripura. Thereafter, by order dated 01.07.2025, the Child Welfare Committee held the petitioner guilty of an offence under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and imposed a fine of Rs. 2,00,000/-, directing the amount to be deposited in a bank account to be operated by the child upon attaining majority.

3. Aggrieved by the said impugned order dated 01.07.2025, the petitioner has filed the present appeal seeking the following reliefs:-

“i. Issue notice upon the Respondents.

ii. Call for the records.

iii. Issue Rule calling upon the Respondents to show cause as to why the order dated 01.07.2025 passed by the Child Welfare Committee, Dhalai, Ambassa whereby the Petitioner has been convicted and found guilty of the offence under Section 75 of the Act of 2015 and fine of Rs. 2 lakhs has been imposed on the Petitioner shall not be set aside and quashed.

AND Issue Rule calling upon the Respondents to show cause as to why the Respondents shall not be prohibited from taking up any proceedings for offences against the Petitioner under the Act of 2015.

iv. And after hearing the parties