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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
SANJAY KUMAR MEDHI
Chandan Jyoti Deka S/o- Tilak Chandra Deka – Appellant
Versus
Assam State Commission for Women – Respondent
| Table of Content |
|---|
| 1. challenge to maintenance order issued by a commission. (Para 1 , 2) |
| 2. court's analysis on the powers of the commission. (Para 3 , 7 , 8) |
| 3. petitioner's arguments on jurisdiction and due process. (Para 4 , 5 , 6) |
| 4. judicial authority limits of the state commission. (Para 9) |
| 5. court’s final ruling and allowance of petition. (Para 10 , 11 , 12) |
JUDGMENT :
Sanjay Kumar Medhi, J.
An order dated 18.12.2021 passed by the Assam State Commission for Women, whereby the petitioner is directed to pay an amount of Rs.10,000/- (Rupees Ten Thousand) to the respondent no.3 as maintenance, to be deducted every month from his account, is the subject matter of challenge in this petition instituted under Article 226 of the Constitution of India.
2. As per the facts projected, the petitioner is posted as Duftry at the Srimanta Sankardeva University of Health Science. The respondent no3, who is his estranged wife, had filed a case in the Assam State Commission for Women (hereinafter the Commission), which was registered as ASCW/53/2021. In the said case, vide the impugned order dated 18.12.2021, maintenance has been determined and directed to be paid by way of deduction from the monthly s
The Assam State Commission for Women lacks jurisdiction to issue orders for maintenance, as its powers do not extend to adjudicating the rights of individuals under the relevant act.
The Assam State Commission for Women lacks jurisdiction to order maintenance payments as this function is not explicitly conferred by the Assam State Commission for Women Act, 1994.
The Assam State Commission for Women lacks the jurisdiction to issue maintenance orders, which must be decided by appropriate legal forums according to applicable statutes.
The Sikkim State Commission for Women lacks the authority to adjudicate disputes, only able to receive complaints and recommend remedial measures.
The Manipur State Commission for Women has the power to entertain complaints and direct parties to appear for inquiry, but not to adjudicate or determine rights like a Court or Tribunal.
State Commission lacks adjudicatory authority; it cannot determine caste or tribe status of individuals or demand caste certificate production.
The main legal point established in the judgment is that the National Commission for Scheduled Tribes exceeded its jurisdiction and acted as an adjudicatory authority, which was beyond its powers. Th....
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