Binay Krishna Halder v. The State Of West Bengal And ORS.

WPA (H) 40 of 2024 DL-2 12.08.2024 Court No.26 (AD) Binay Krishna Halder Vs.

The State of West Bengal & Ors.

Mrs. Karabi Roy Mr. Rahul Chakraborty ... for the petitioner Mr. Rana Mukherjee Ms. Munmun Ganguly ... for the State respondents Mr. Sanjib Seth Dr. Ashis Kumar Mukhopadhyay ... for the respondent nos.7 to 10.

1. Essentially, the writ of habeas corpus involves custody of child and matrimonial disputes.

2. The length and the quality of the custody and the visitation rights, if there be any, between the private parties in respect of the minor can be considered and decided by the appropriate forum.

3. In these proceedings, without prejudice to the point of maintainability, mediation to resolve the custody and matrimonial disputes was undertaken. Apparently, the mediation is yet to succeed.

4. Child is with the father. In such circumstances, we find that, the child cannot be said to be in illegal detention or the private respondents to be in wrongful custody of the child. Proceedings under the Guardian and Wards Act is pending.

5. As noted above, the quality and the quantity of Signed By :

ABHIJIT DAS High Court of Calcutta 13 th of August 2024 04:46:17 PM

the custody of the child and the visitation rights may be decided by the appropriate forum.

6. All other points raised by the private parties are kept open.

7. WPA (H) 40 of 2024 is disposed of without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 13 th of August 2024 04:46:17 PM