Judgment :- (This W.P. Filed under Articles 226 & 227 of the constitution of India Praying to quash the impugned proceedings dated 14.8.2007 pending before Karnataka state women commission. Bangalore vide Annex.E, and grant stay all further proceedings pending before Karnataka state women commission. At Bangalore dated 14.8.2007 vide Annex.E.) The petitioner in this writ petition has sought for a writ of Certiorari to quash the notice – Annexure E dt. 14-8-07 issued by the third respondent. 2. I have heard the learned Counsel appearing for the parties and perused the papers including the impugned notice. 3. The second respondent filed a complaint as per Annexure D before the third respondent requesting to direct the petitioner to hand over the child to her custody. The third respondent Commission by registering the complaint as Complaint No. KSWC/complaint/1457/2006-07 issued notice to the petitioner asking him to appear before the Commission on 30-8-07 at 11.30 a.m. and it is stated in the notice if he fails to appear on the said date and time, the complaint – Annexure D made by the second respondent will be considered in accordance with law. 4. Sri Venkatesh Dalwai, the learned Counsel appearing for the petitioner contends that the impugned notice – Annexure E is wholly illegal and without authority of law and he prays for setting aside the same. 5. Per contra, Sri Muniswamy Gowda, the learned Counsel appearing for the second respondent submits that it is only a notice issued by the third respondent and the petitioner can very well appear before the third respondent and resist the petition by filing objection, if any. The learned Counsel for the petitioner further submits that the second respondent and her husband – Vittala Nayappa Hirkur are the natural parents of the child Manjunath and they had given the child in adoption to the petitioner and his wife. Accordingly, they are in custody of the child and when there was an interference with the custody of the child by the second respondent and her husband, the petitioner and her husband have filed a suit in O.S.No. 105/07 in the Court of City Civil Judge (Jr.Dn.), Bhadravathi, for the relief of permanent injunction restraining the second respondent and her husband from interfering with the custody of the child and the suit is pending. He further submits that the suit was filed on 29-5-07 and the second respondent and her husband entered appearance on 4-6-07 subsequently on 12.07.2007 they have filed the compliant Annexure D with the 3rd respondent. Therefore, his submission is when the subject matter of Annexure D is already seized before a competent Civil Court, the third respondent having no jurisdiction over the subject matter of the complaint ought not have issued the impugned notice to the petitioner. 6. The third respondent is a Commission constituted under the provisions of Karnataka State Commission for Women Act. 1995, (herein after referred to as Act for short). Functions of the commission are mentioned under Sec.9 of the Act which reads thus: 9. 6. The third respondent is a Commission constituted under the provisions of Karnataka State Commission for Women Act. 1995, (herein after referred to as Act for short). Functions of the commission are mentioned under Sec.9 of the Act which reads thus: 9. Functions of the Commission:- (1) The commission shall perform all or any of the following functions namely:- (a) investigate and examine all matters relating to the safeguard provided for women under the Constitution and other laws:- (b) present to the Government, annually and at such other times as the commission may deem fit, reports upon the working of those safeguards; (c) make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the State.; (d) review, from time to time, the existing provisions of the Constitution and other laws affecting the women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacune or inadequacies or shortcomings in such legislations; (e) take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities; (f) look into complaints and take suo-moto notice of matters relating to,- (i) deprivation of women’s rights: (ii) non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development; (iii) non-compliance of policy decision, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women and take up the issues arising out of such matters with appropriate authorities; (g) call for special studies or investigation into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal; (h) undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impending their advancement, such as, lack of access to housing and basic service, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity; (i) inspect or cause to be inspected a jail remand home, women’s institution or other place of custody where women are kept as prisoners or otherwise and take up with the concerned authorities for remedial action, wherever found necessary; (j) fund litigation involving issues affecting a large body of women; (k) participate and advice on the planning process of socio-economic development of women; (l) evaluate the progress of the development of women under the State; (m) make periodical report to the Government on any matter pertaining to women and in particular various difficulties under which women toil; (n) involve with voluntary organization in the State, more particularly women’s organisations besides governmental departments and its agencies in the discharging of its functions; (o) assist the women to ensure equal and fair justice in matrimonial disputes before the family courts; (p) any other matter which may be referred to it by the Government: provided that if any matter specified in sub-section (1) is undertaken by the National Commission for Women constituted under section 3 of the National Commission for Women Act, 1990 (Central Act 20 of 1990), the State Commission for women shall cease to have jurisdiction in such matters. (2) If authorities referred to it clause (e) of sub-section (1), fails to take any action on the suggestions or recommendations made by the Commission, it may report the same to the Government which shall take necessary action. (3) The Government shall cause the recommendations of the Commission to be laid before each House of the State Legislature along with the memorandum explaining the action taken or proposed to be taken on the recommendations and the reasons for nonacceptance, if any, of any such recommendations. 7. The subject matter of the complaint is a request made by the 2nd respondent praying the Commission to direct the petitioner to hand over the child i.e., Manjunatha to the custody of the 2nd respondent it does not fall within the purview of the functions of the Commission as enumerated under Sec.9 of the Act. The third respondent being a statutory body constituted under the Act before registering any complaint and issuing notice thereon is required to examine the complaint and find out whether the subject matter of the complaint falls within its purview or not. By bare reading of the complaint shows that it is a request for the custody of a child and it does not fall under any one of the functions enumerated under Section 9 of the Act. Therefore, the notice issued at Annexure E is wholly without jurisdiction and authority of law. That being so, it is not necessary to ask the petitioner to appear before the third respondent – Commission and file his objection. Hence, Annexure E is not sustainable in law and therefore it is liable to be set aside. 8. For the reasons stated hereinabove the Writ Petition is allowed and impugned notice – Annexure E dated. 14-8-2007 issued by the 3rd respondent to the petitioner calling upon the petitioner to appear before the Commission is set aside.