Rajib Lochan Mishra v. Chairman, Odisha State Commission for Women, Bhubaneswar
2014-03-25
S.C.PARIJA
body2014
DigiLaw.ai
ORDER : Heard learned counsel for the petitioner, learned counsel for the opposite party Nos. 1 and 4 to 7 and learned counsel for the opposite party No.8 (wife). This writ petition has been filed challenging the order dated 12.12.2012, passed by the Odisha State Commission for Women, under Annexure-1, directing deduction of Rs. 8,000/- per month from the salary of the petitioner to be paid to the opposite party No.8 (wife) towards maintenance. Learned counsel for the petitioner submits that in the meantime, opposite party No.8 (wife) has filed a criminal proceeding against the petitioner under Section 125 Cr. P.C. for maintenance, before the learned Judge, Family Court, Cuttack, vide Criminal Proceeding No. 678 of 2012. It is submitted by the learned counsel for the petitioner that the impugned order passed by the Odisha State Commission for Women, granting maintenance is not sustainable in law, especially when the opposite party No.8 (wife) has already filed an application for maintenance under Section 125 Cr. P.C. before the learned Judge, Family Court, Cuttack. Moreover, the Commission no authority in law to pass such an order granting maintenance to the wife (opposite party No.8) and directing recovery of the same from the salary of the petitioner. Learned counsel appearing for the opposite party No.8 (wife) submits that the impugned order has been passed by the Odisha State Commission for Women after recording the statement of the parties under Section 10(3)(c) of the Odisha State Commission for Women's Act. It is further submitted that the impugned order has been passed on mutual consent and therefore the same is not available to be assailed in the present writ petition. Learned counsel appearing for the opposite party No.8 (wife) however, has not been able to show any provision under the Odisha State Commission for Women's Act with regard to the power of the Commission to grant such maintenance. In view of the above, the order passed by the Odisha State Commission for Women, dated 12.12.2012, under Annexure-1 is quashed. It is open for the opposite party No.8 (wife) to pursue her remedy before the learned Judge, Family Court, Cuttack in Criminal Proceeding No. 678 of 2012 as provided in law. Interim order dated 25.6.2013 stands vacated. The writ petition and misc. case are accordingly disposed of. Issue urgent certified copy as per rules. Petition disposed of.