Biswajit Mondal v. State of West Bengal and Ors.
Case brief
What is this about?
Father's writ (WPA (H) 32 of 2025, decided 14.05.2025) seeking recovery of his ~12-year-old daughter allegedly removed by the mother (respondent no.5) from school; complaints to police (17.11.2022, 07.12.2022) and RTI Act 2005 query (child taken from Nafarganj Birinchibari Abaitanik Primary School on 31.12.2023) failed to trace her; wife's PWDVA 2005 complaint pending before ACJM Alipore; Jharkhali Coastal PS Part-IV Petition no.9 of 2025 (06.03.2025) enquiry found the child living with her mother and studying at Vivekananda Siksha Niketan, Basanti, South 24-Parganas; no illegal detention found; writ dismissed, no costs; petitioner left free to seek custody/visitation before appropriate forum. Bench: Reetobroto Kumar Mitra and Tapabrata Chakraborty, JJ. Statutes: Protection of Women from Domestic Violence Act, 2005; Right to Information Act, 2005.
What did the court decide?
No relief by way of recovery of the child or direction to the authorities; the petitioner remains free to take appropriate steps regarding custody and visitation rights before the appropriate forum, in accordance with law.