GAUHATI HIGH COURT ISSUES ORDER ON CHANDAN JYOTI DEKA V/S THE ASSAM STATE COMMISSION FOR WOMEN AND 2 ORS.

GUWAHATI, India, April 19 -- Gauhati High Court issued the following order on March 19:

1. 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 petitioner.

3. I have heard Shri S. Borthakur, learned counsel for the petitioner. I have also heard Shri J. Handique, learned State Counsel. So far as respondent no. 3 is concerned, though notices have been served, she has chosen not to appear and contest this proceeding. In this connection, it would be relevant to place on record the earlier order dated 04.02.2026, as per which the aspect of service of notice upon the respondent no. 3 has been held to be complete.

4. Shri Borthakur, learned counsel for the petitioner has based the challenge on mainly two grounds. Firstly, he has contended that no opportunity was granted to the petitioner before passing the impugned order and the second ground would go to the root of the matter inasmuch as, he has questioned the jurisdiction and authority of the Commission to pass such an order. In this regard, he has drawn the attention of this Court to the Assam State Commission for Women Act, 1994 (hereinafter the Act), more particularly, Section 10 thereof, which is with regard to the functions of the Commission. He has submitted that though various powers and functions have been bestowed upon the Commission, the power to grant maintenance has not been bestowed and therefore, there is a serious jurisdictional error in the impugned action.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfM9JeWHS2epVb6czjAXr8fWwXyI6h0gHR0jLfRAYiGKs&caseno=WP(C)/781/2022&cCode=1&cino=GAHC010018842022&state_code=6&appFlag=)

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