• October 3, 2025

Calcutta HC mandatory guidelines on child custody

23.09.2025
Item No.3 & 4
Ct. No.1
S. De/CHC
(Bench ID-266349)

WPA (P) 166 of 2022
Antara, a non-profit Society & Anr.
Vs.
The Hon’ble High Court at Calcutta, service
through Registrar General, High Court
With
WPA (P) 257 of 2021
IA NO: CAN/3/2024
Dr. Ratul Roy
Vs.
The State of West Bengal & Ors.

Mr. Shyamal Sarkar, Sr. Advocate
Mr. Sankarsan Sarkar, Advocate
Mr. Debanjan Mandal, Advocate
Mr. Sanjiv Kumar Trivedi, Advocate
Ms. Iram Hassan, Advocate
Mr. Sanket Sarawgi, Advocate
Ms. Mahima Cholera, Advocate
Mr. Himanshu Bhawsinghka, Advocate
Ms. Yukti Agarwal, Advocate
…for the petitioners in WPA (P) 166 of 2022
Mr. Sakya Sen, Sr. Advocate
(in virtual platform)
Mr. Arindam Paul, Advocate
Mr. Amitava Bhowmik, Advocate
Ms. D. Das, Advocate
Ms. S. Chatterjee, Advocate
Ms. S. Chowdhury, Advocate
…for the Ayushman Initiative for Child Rights
(AIFCR) petitioner no.2 in WPA (P) 257 of 2021
Mr. Siddhartha Banerjee, Advocate
Mr. Soumajit Majumder, Advocate
…for the High Court Administration

1. Mr. Shyamal Sarkar, learned Senior Counsel appearing on behalf of the petitioners, Mr. Sakya Sen, learned Senior Counsel appearing for petitioner no.2 in WPA (P) 257 of 2021 have submitted that in a recently concluded meeting on September 18, 2025, the Hon’ble Rule Committee has approved the suggestions after taking into consideration the various recommendations made by various stakeholders at various stages of this proceeding. This matter was heard from time to time and adjourned in order to enable the stakeholders to deliberate on the issues forming the basis of the guideline so that a comprehensive subject matter of the guidelines to be framed for the benefit of all the children including the members of the Judiciary. We have independently considered the modified guidelines as approved and proposed by the Hon’ble Rule Making Committee. The minutes of the Rule Making Committee held on September 18, 2025, is placed before us by Mr. Siddhartha Banerjee, learned Advocate appearing for the High Court Administration is taken on record.

2. We accept the same. The guidelines upon approved by this court requires certain changes to be made in the related legislation. Accordingly, the approved guidelines shall be placed before the Hon’ble Rule Committee for making appropriate changes in the Rules of related legislatures in exercise of the power under Section 50(1)(j) of the Guardians and Wards Act,1890.

3. The Registrar, Judicial Service is directed to circulate the Child Access & Custody Guidelines along with Parenting Plan to all the learned District Judges, Family Courts and the learned Magistrates having jurisdiction to decide the matters relating to Protection of Women from Domestic Violence Act, 2005, at the earliest.

4. After the Rules are duly framed by the Rule Making Committee, the matter may be placed before the Hon’ble The Chief Justice for appropriate direction. Before we part with the matter, we record our appreciation for invaluable assistance received from Mr. Shyamal Sarkar, Sr. Advocate, Mr. Sakya Sen, Sr. Advocate, Mr. Siddhartha Banerjee, Advocate, Mr. Sankarsan Sarkar, Advocate, Mr. Arindam Paul, Advocate, Mr. Amitava Bhawmick, Advocate and Mr. Himanshu Bhawsinghka and their juniors.

5. Till the Rules are framed by the Hon’ble Rule Committee and approved these guidelines are to be
   followed.

6. WPA (P) 166 of 2022 and WPA (P) 257 of 2021 along with connected application CAN/3/2024 is accordingly disposed of.

7. The Registrar (IT) is directed to publish the guidelines in the website of the High Court at Calcutta.

[Soumen Sen, Chief Justice (Acting)]
(Apurba Sinha Ray, J.)