WP(C) 4401/2016. Gauhati High Court

Case NumberWP(C) 4401/2016
Judgement DateMarch 02, 2021
CourtGauhati High Court

PS: Harishinga, District: Udalguri (BTAD), Assam.

…….. Petitioner

- Versus -

  1. The State of Assam, represented by the Chief Secretary to the Government of Assam, Dispur, Guwahati-6

  2. The Director of Social & Family Welfare,

    Assam, Uzanbazar, Guwahati-1.

  3. The Child Welfare Committee, represented by the State

    Social Welfare Department, Guwahati.

  4. The Seven Sister NGO,

    Hatigaon, Sewali Path, Guwahati-38.

    …….. Respondents

    - B E F O R E -


    Advocate for the petitioner : Mr. H.R.A. Choudhury, Senior Advocate.

    Ms. R. Choudhury, Advocate.

    Advocate for respondent Nos.1 to 3 : Mr. Y. Doloi, Additional Advocate General, Assam.

    Advocate for respondent No.4 : Mr. D. Baruah, Advocate.

    : Mr. I . Choudhury, Amicus Curiae

    Dates of hearing : 15.02.2017, 23.02.2017 and 02.03.2017.

    Date of Judgement & Order : 2nd March, 2017.


    Heard Ms. R. Choudhury, learned counsel for the petitioner. Also heard Mr. Y. Doloi, learned Additional Advocate General, appearing for the respondent Nos.1 to 3, Mr.

    D. Baruah, learned counsel, appearing for the respondent No.4. and Mr. I . Choudhury, learned Amicus Curiae.

    WP(C) No.4401/2016 Page 1 of 6

    notice was not received by the respondent No.4.

  5. I n the affidavit that is filed by the respondent No.4, it is asserted that the respondent No.4 was not aware of the fact that it had been arrayed as a party respondent to this writ petition and when the aforesaid fact came to its knowledge, a counsel was engaged to represent it.

  6. The writ petition is filed by the petitioner seeking custody of Radhika Tanti, who is presently under the care and protection of the respondent No.4 , stating that she is the paternal aunt of Radhika, whose father expired in the year 2008 and mother on

    07.08.2010 and that she is the only surviving near relative of Radhika. I t is pleaded in the writ petition that some police personnel from Dispur Police Station raided the house of the person in whose house Radhika Tanti was staying and recovered her and thereafter, she was handed over to the respondent No.4. Though she had attempted a number of times to meet Radhika, the members of the respondent No.4 did not allow her to meet her niece. I t is stated that Radhika Tanti was reading in Class-I I in the year 2006 and she is now about 18 years old.

  7. The petitioner prays for a writ of mandamus directing the respondent authorities to hand over Radhika to the custody of the petitioner.

  8. An affidavit is filed on behalf of the...

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