By Pragati Saha
Ratul Garai, a businessman in Malda, West Bengal, has filed a petition in the Malda District Court seeking visiting rights to see his son, Arun Garai (name changed), who is 2 years and 9 months old and currently in the custody of his mother, Krishna Garai. Alongside visiting rights, Garai has also sought permanent custody of the child once he turns seven. The petition was filed in May 2026 under Sections 12 and 25 of the Guardian and Wards Act, 1890.
The couple married in 2020, and their son was born on August 30, 2023, at Malda Nursing Home. According to the petition, the couple has been going through a separation amid marital discord. Until October 2025, they continued to live under the same roof, though in separate rooms. Per Garai’s account, tensions in the marriage stemmed from the demands of his business, which he says caused friction between the couple.
On January 17, 2026, according to the petition, Krishna Garai left the couple’s home, taking their son and some belongings, including documents, with her. Garai says that before filing the case, he tried repeatedly to reach out to his wife to see his son, continuing his attempts until March 31, 2026 – but says each attempt was turned down.
The petition also states that, as of the date of filing, Krishna Garai has not been appointed or declared the legal guardian of their son by any court.
In his petition, Garai argues that he is financially and emotionally capable of caring for their son, and has asked the court to allow him to visit the child three days a week between sunrise and sunset. He also states that the child misses their previous home and wishes to spend time with his grandparents.
Garai further argues that he can provide the child with a good education, citing his own family background, and states that he is committed to supporting his son’s welfare – including his education, health, and general upbringing.
The petition further alleges that Krishna Garai and her family do not adequately care for or feed their son, which Garai says is affecting the child’s health, and that the boy is not enrolled in a good school because, he claims, no good schools are available where the mother currently resides. The petition also alleges that the child’s maternal family members behave toward him in a manner Garai describes as arrogant, rude and abnormal.
Responses from Krishna Garai and her lawyer are not included in this report, as their contact details were not available to us. The court has not yet delivered its verdict in the case.