Orissa High Court
Prasanna Kumar Mishra vs State Of Orissa And Ors. on 10 September, 1997
Equivalent citations: AIR1998ORI85, AIR 1998 ORISSA 85, (1997) 2 ORISSA LR 429
Author: A. Pasayat
Bench: A. Pasayat
ORDER 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 1979-1 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 HI of the Act. Same reads as follows : "10. Functions of Commission -- (1) The Commission shall perform all or any of the following functions, namely- (a) make in depth studies on- (i) the economic, educational and health situation of the women of the State, with particular emphasis on the tribal Districts and areas which are under-developed with respect to women's literacy, mortality and economic development. (ii) condition in which women work in factories, establishments construction sites and other similar situations, and recommend to the State Government on the basis of specific reports on improving the status of woman in the said areas; (b) compile information, from time to time, on instance of all offences against women in the State, or in selected areas, including cases related to marriage and dowry, rape, kidnapping, criminal abduction, eve-teasing, immoral trafficking in women and cases of medical negligence in causing delivery or sterilisation or medical intervention that relate to child bearing or child birth; (c) will coordinate with the State Cell and District Cells for atrocities against women, if any, mobilisation of public opinion in the State as a whole or in specific areas which would help in speedy reporting and detection of offences of such atrocities and mobilisation or public opinion against the offenders; (d) receive complaints on-- (i) atrocities on women and offences against women, (ii) deprivation of women of their rights relating to minimum wages, basic health and maternity rights, (iii) non-compliance of policy decisions of the Government relating to women, (iv) rehabilitation of deserted and destitude women and women forced into prostitution, (v) atrocities on women in custody, and take up with authorities concerned for appropriate remedial measures, (e) assist, train and orient the non-Government organisation in the State in legal counselling of poor woman and enabling such women to get legal aid, (f) inspect or cause to be inspected, a jail, remand home, women's institution or other places of custody where women are kept as prisoners of otherwise and, take up with the concerned authorities for remedial action, if found necessary, (g) perform functions in relation to any other matter which may be referred to it by the State Government. (2) The State Government shall cause all the recommendations or reports, or any part thereof, as may be presented to it by the Commission under Sub-section (1) which relate to any matter with which the State Government is concerned, to be laid before the Legislature of the Stale along with a memorandum explaining the action taken or proposed to be taken on the recomendations of the commission and the reasons for the non-acceptance, if any of such recommendations. (3) The Commission shall while investigating any matter referred to in Clause (a) or Clause (d) or Sub-section (1) have all the powers of a Civil court trying a suit and, in particular, in respect of the following matters, namely- (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any Court or office; (e) issuing commissions for the examination of witness and documents; and (f) any other matter which may be prescribed." 4. As provided in Section 10(1), the Commission has recommending powers in terms of Clause (a), compile information as enumerated in Clause (b), mobilise public opinion for atrocities against women as indicated in Clause (c), and receive complaint in respect of enumerated subjects and take up with authorities concerned for remedial measures as per Clause (d). It can assist, rain and orient the non-Government organisation in legal counselling of poor women and enabling them to get legal aid, and other remedial action. It does not have jurisdiction to direct deduction from salary for payment to a claimant. Jurisdiction is the authority to judge or administer justice. It is an authority or power which a man hath to do justice in causes of complaint brought before him. (Tomlin's Law Dictionery). It is the power to hear and determine the particular case involved, the power of a Court, forum of a Judge to entertain an action, petition or other proceeding, me legal power of hearing and determining controversies. Jurisdiction and competency arc almost synonymous terms. 5. A conspectus of the provisions of the Act makes it clear that there is no power conferred on the Commission to direct deduction to be made from salary of any person for payment towards maintenance. Such power can be exercised only by a Criminal Court in terms of Section 125 of the Code or under Sections 24, 25 and 26 of the Hindu Marriage Act, 1955 (in short, 'the Marriage Act'). The direction be given to the opposite party No. 3 for making deduction has no legal sanction, and cannot be maintained. 6. But, as indicated above, opposite party No. 4 has filed an application before the learned Judge, Family Court, Cuttack. The object with which Section 125 of the Code has been enacted is to save the enumerated persons from destitution. The provision is in essence not punitive but preventive, rather than remedial. It has been enacted with the object of enabling deserted wives, helpless and deserted children and destitute parents to secure the much relief, so as to prevent vagrancy. There are materials to show that petitioner had agreed before the Commission, to pay opposite party No. 4 at the rate of Rs. 350/- per month. We are interfering with the Commission's order as it has no jurisdiction to direct deduction. That being the position, we direct that the petitioner shall pay Rs. 350/- per month till 7-12-1996, when the aforesaid Criminal Proceeding No. 796 of 1995 was instituted in the Family Court. Cuttack. The amount shall be payable from February, 1995 when complaint was lodged before the Commission. The amount shall be deposited in the Court of learned Judge, Family Court within six weeks, who shall accept the deposit in view of our order. Learned Judge, Family court shall make effort to dispose of the proceeding by the end of December. 1997. We make it clear that he shall not be influenced by our direction fixing the amount at Rs. 350/- per month. The amount to be ultimately fixed shall take into account the amount ,to be deposited pursuant to our direction. The writ application is disposed of. Send back the records forthwith. P.C. Naik, J.
7. I agree.