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2026 DAILYLAW 4568 (CAL)

BASIR AHAMMAD MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA(H)/26/2026 · 2026-04-01

Debangsu Basak, Md Shabbar Rashidi

body2026

Judgment text

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13 01.04.2026 S.D. Ct. No. 37 Bench Id 266046 WPA (H)/26/2026 Basir Ahammad Mondal Vs. The State of West Bengal & Ors. Mr. Abhishek Halder Ms. Madhurima Basu Mr. Sayan Banerjee Ms. Suparna Dutta Mr. Debobrata Halder ….For the Petitioner Mr. Swapan Kumar Dutta, Ld. G.P., Mr. Biplab Guha …For the State Mr. Arka Maiti Mr. Arka Ranjan Bhattacfharya Ms. G. Parvin …For the private respondent Father of a child before the Court is seeking custody. Custody of the child was initially with the divorced mother. According to the father, the mother was obliged to make over the custody of the child on the mother remarrying. 2 Father contends that there is remarriage and, therefore, the custody of the child should revert back to the father. State and the private respondents are represented. Report submitted on behalf of the State be taken on record. It appears from such report that the minor is presently in the care and custody of the maternal grandparents. Writ petitioner possesses statutory alternative remedy. Writ petitioner may avail of such remedies before the appropriate forum, in accordance with law. We are, therefore, not minded to interfere under Article 226 of the Constitution of India. We clarify that this order will not prevent the writ petitioner from availing of his remedies before the appropriate forum, in accordance with law. WPA (H) 26 of 2026 is disposed of without any order as to costs. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)