JUDGMENT

Bhaskar Raj Pradhan, J. - The present writ petition filed on 02.06.2023 assails the Order dated 05.11.2020 passed by the Sikkim State Commission for Women (respondent no.2) on the ground that under the Sikkim State Commission for Women Act, 2001 it did not have the power to pass such an order.

2. The impugned order was passed on the following facts and circumstances. On 06.10.2020 the respondent no.3, the wife preferred a complaint before the respondent no.2. She alleged that she had been suffering because the petitioner, her husband, had been having an affair with his own relative i.e. sister-in-law for almost a year; when confronted the sister-in-law denied the facts and switched off her cell phone; she had proof regarding their affair and adultery; the petitioner used to mentally torture her and their children; the petitioner has not given her a single rupee from his salary; she was in grief not knowing what she was supposed to do and therefore, sought the guidance and help.

3. What happens thereafter, before the respondent no.2, is the pivotal issue which has led to the present writ petition being filed, although belated.

4. Admittedly, summons were issued to the petitione