Bhakti Prasad Sonowal v. the State of Assam and 4 Ors.
Child welfare – Grievance against functioning of Child Welfare Committee
Case brief
What is this about?
Gauhati High Court, WP(C)/7714/2022, Arun Dev Choudhury, J., order dated 06.03.2025 — maintainability of writ petition concerning welfare/upbringing of minor child; alternative statutory remedy: grievance against Child Welfare Committee functioning lies before the District Magistrate under Section 27(10), and CWC orders are challengeable before the Children's Court under Section 101, of the Juvenile Justice (Care and Protection of Children) Act, 2015; petitioner's marriage with respondent No. 5 dissolved by mutual consent, child in mother's custody; writ petition closed (not entertained).
What did the court decide?
Under Section 27(10) of the Juvenile Justice (Care and Protection of Children) Act, 2015, a District Magistrate is empowered to entertain any grievance arising out of the functioning of a Child Welfare Committee; the affected child or anyone connected with the child may file a complaint before the District Magistrate, who may take suitable action on such complaints or grievances.