The Gauhati High Court dismissed a writ petition challenging an order granting maintenance to the petitioners wife by the Assam State Commission for Women.
Writ petition dismissed for default; interim stay order of 08.09.2014 vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010193112013
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4619/2013
1:LAKHI RAM DEKA S/O- LT. NARAYAN DEKA, R/O VILL.- NORTH LENGA, P.S.- BAIHATA CHARIALI, DIST.- KAMRUP, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 3 ORS
DIRECTORATE OF SOCIAL WELFARE, UZAN BAZAAR, GUWAHATI, REP. BY SECRETARY.
2:ASSAM STATE COMMISSION FOR WOMEN BELTOLA REP. BY MEMBER-SECRETARY.
3:LEGAL ADVISORY COMMITTEE ASSAM STATE COMMISSION FOR WOMEN REPRESENTATED CHAIRMAN.
4:GINIMA DEKA C/O- SRI UDDAV BAISHYA R/O VILL.- SANTIPUR PACHIM MAHINA TUKANKATA P.S.- BOROMA DIST.- BAKSA BTAD ASSAM
Advocate for the Petitioner : MRS.M BORAH
Advocate for the Respondent : SC, SOCIAL WELFARE
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 05-02-2019
None appears for the petitioner on call though Ms. M.D. Borah, learned Govt.
Page No.# 2/3
Advocate, Assam, appearing for respondent No.1 is present. Mr. K. Bhattacharjee, learned counsel for respondent No.4 is also present.
By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of decision of respondent Nos.2 and 3 for granting maintenance to respondent No.4.
Mr. Bhattacharjee submits that despite having a valid subsisting marriage with respondent No.4 being the wife and who is alive, petitioner had married not twice but thrice, in the process neglecting his legally wedded wife i.e., respondent No.4 and children born out of their wedlock.
In the peculiar facts and circumstances of the case, Assam State Commission for Women had passed order for payment of maintenance of Rs.6,000/- by the petitioner to respondent No.4 which has been challenged in this proceeding.
By the interim order dated 08.09.2014, order of the Commission was stayed subject to deduction of Rs.3000/- per month from the salary of the petitioner to be deposited in the account of respondent No.4.
Be it stated that petitioner is a grade-IV employee serving in the Central Government. On a query by the Court, Mr. Bhattacharjee submits that respondent No.4 has instituted a maintenance proceeding for maintenance of her children which has been registered as Misc. (J) Case No.155/2018 before the Family Court, Guwahati which is pending. He further submits that divorce petition filed by the petitioner, being FC(C) No.430/2012 was dismissed by the Family Court, Guwahati on 16.12.2016.
Appeal filed by the petitioner against such decision being MAT Appeal No.30/2017 was dismissed by this Court vide order dated 11.06.2018.
Learned counsel for the respondents therefore submit that in the facts and circumstances of the case, no interference is called for.
However, since there is no representation on behalf of the petitioner, writ petition is dismissed for default.
Page No.# 3/3
Interim order passed on 08.09.2014 stands vacated.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to quash the order of the Assam State Commission for Women granting maintenance to the respondent.
How to proceed in absence of petitioner's representation during hearing of the writ petition.
1 provisions across 1 enactments
Lakhi Ram Deka
State of Assam and others
Ginima Deka
Ujjal Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
