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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Jitu Dutta son of Sri Bipul Das – Appellant
Versus
State of Assam, represented by Public Prosecutor, Assam – Respondent
| Table of Content |
|---|
| 1. challenge to maintenance order (Para 1 , 2) |
| 2. court's examination of applicable laws and functions (Para 3 , 7 , 8 , 9) |
| 3. jurisdictional issues and authority of the commission (Para 4 , 5 , 6) |
| 4. set aside order due to jurisdictional error (Para 10) |
| 5. writ petition allowed; no restriction on seeking maintenance (Para 11 , 12) |
JUDGMENT :
SANJEEV KUMAR SHARMA, 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 salary of the pe
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 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 jurisdiction to issue orders for maintenance, as its powers do not extend to adjudicating the rights of individuals under the relevant act.
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.
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