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1997 Supreme(Ori) 92

P.C.NAIK, ARIJIT PASAYAT
PRASANNA KUMAR MISHRA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
Anil Deo, B.S.TRIPATHY, D.K.SAHU, P.PANDEY, R.RATH, S.BEHERA, Sanjib Mohanty

( 1 ) DIRECTION given by the State Commission for Women, Orissa, Bhubaneswar (in short, the 'commission') for deducting Rs. 350/- per month from the salary of the petitioner for payment to opposite party No. 4 is the subject-matter of challenge. Jurisdiction of the Commission to give such a direction is questioned.

( 2 ) A brief reference to factual aspects would suffice. Undisputedly the petitioner, and opposite party No. 4 entered into wed-lock in the year 1978. A suit bearing number O. S. 478 of 1979-I for injunction restraining opposite party No. 4 not to come to the house of petitioner as she was suffering from T. B. was filed. Same was dismissed for default. Subsequently a grievance was made by opposite party No. 4 before the Commission alleging that the petitioner had deserted her for non-fulfilment of dowry demands. An enquiry was conducted by the Commission. From the order dated 25-8-1995 (Annexure-3), it appears that there was an attempt for reconciliation which failed, but certain arrangements were made like return of articles and payment of some amount for maintenance to opposite party No. 4. According to opposite party No. 4, petitioner agreed to pay Rs. 350/- per mon






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