Page No.# 1/3 GAHC010243172022 2025:GAU-AS:2385 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7714/2022 BHAKTI PRASAD SONOWAL SON OF LATE PUNA RAM SONOWAL, RESIDENT OF FLAT NO. 3B, BHANU ENCLAVE, AJANTA PATH, SURVEY, BELTOLA, GUWAHATI- 781028, DISTRICT- KAMRUP(METRO), ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, DISPUR, GUWAHATI- 781006, DISTRICT- KAMRUP(METRO), ASSAM. 2:THE CHAIRPERSON CHILD WELFARE COMMITTEE (CWC) FATASHIL AMBARI GUWAHATI- 25. 3:THE CHAIRMAN ASSAM STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS HOUSE NO .3 BYE LANE 1 SAMANNOY PATH SURVEY BELTOLA GUWAHATI- 781028 DISTRICT- KAMRUP(METRO) ASSAM. Page No.# 2/3 4:THE DEPUTY COMMISSIONER KAMRUP(METRO) ASSAM. 5:SMTI. OSHIMA CHOUDHURY DAUGHTER OF LATE KANAK CHOUDHURY C/O- RONJEEV DAS RESIDENT OF - HEM ENCLAVE HOUSE NO. 1 LACHIT NAGAR BYE LANE-5 P.S.- PALTAN BAZAR DISTRICT- KAMRUP(METRO) ASSAM Advocate for the Petitioner : MS. P CHAKRABORTY, MS. A DAS Advocate for the Respondent : GA, ASSAM, MS P SAIKIA (R5),MR. P SENGUPTA (R5),MR. P N GOSWAMI, ADDL. AG, ASSAM BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 06.03.2025 1. Heard Ms. P Chakraborty, learned counsel for the petitioner. 2. The case of the petitioner is that out of the wedlock with the respondent No. 5, a male child was born, who is presently aged about 8 (eight) years. The marriage was ended with a decree of divorce on mutual consent, wherein as per the competent court the child is living with his mother. The petitioner has alleged that though presently he is not raising the issues of custody of the child, his interest is regarding the proper welfare on upbringing of the child, which according to him, has not been properly done by the Child Welfare Committee, Kamrup. Page No.# 3/3 3. By filing an additional affidavit, an order dated 22.04.2024 is brought on record. It is seen from the communication dated 22.04.2024 that the Secretary to the Government of Assam, Women and Child Welfare Department, Dispur had intimated the petitioner that the child in question needs for counselling. 4. Be that as it may, in terms of 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. This Section further empowers the affected child or anyone connected with the child, as the case may be, to file a complaint before the District Magistrate for the purpose that the District Magistrate may take suitable action as regards complaints or grievances, which an affected person may have against the committee. Even otherwise, under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015, a person is having a remedy to legally challenge the order passed by the Child Welfare Committee before the Children’s Court. 5. In view of the aforesaid, this court is not inclined to entertain the present writ petition inasmuch as the dispute as regards welfare of the child or whether the child is need of protection or care can be decided by the statutorily constituted authority i.e. Child Welfare Committee and such a decision and/ or function of CWC can be challenged and grievance can be redressed either under Section 27 (10) or under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 6. With the aforesaid observation, this writ petition stands closed. JUDGE Comparing Assistant