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2025 DAILYLAW 17085 (CAL)

ANTARA, A NONPROFIT SOEITY AND ANR v. THE HIGH COURT AT CALCUTTA SERVICE THROUGH REGISTR GEN., HIGH COURT

WPA(P)/166/2022 · 2025-09-23

Acting, Apurba Sinha Ray, Soumen Sen

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

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 2 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 3 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.)