PRASANNA KUMAR MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(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 month as reflected in the order. This statement is denied by the petitioner. The Sub-Inspector of Schools, Puri Circle I intimated the petitioner about direction given by the Commission to deduct Rs. 350/- from his salary so as to be deposited in the bank account in the name of opposite party No. 4. An application under Section 125 of the Code of Criminal Procedure, 1973 (in short, 'the Code') has been filed by opposite party No. 4 claiming maintenance from the petitioner.

(3.) Petitioner has questioned jurisdiction of the Commission to make an order directing deduction from the salary of any person. Though the Commission has entered appearance through counsel, none appeared on its behalf when the matter was taken up. The Commission has been constituted under the Orissa State Commission for Women Act, 1993 (in short, 'the Act'). The Commission has been constituted for the betterment of the women of the State, and its functions are enumerated in Section 10 appearing in Chapter III of the Act. Same reads as follows :"