Kushal Taw vs The State Of Assam And 3 Ors
2024 Latest Caselaw 3252 Gua

Gauhati High Court

Kushal Taw vs The State Of Assam And 3 Ors on 13 May, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                Page No.# 1/3

GAHC010091612024




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/2441/2024

         KUSHAL TAW
         S/O- LATE MONIKANTA TAW, R/O- VILL.- OIYENGIA BORGAON, P.S.
         GHILAMARA, P.O. MORNOI BEBEJIA, DIST. LAKHIMPUR, ASSAM AND
         PRESENT ADDRESS- R/O- NALIAPOOL RAILWAY, MECHANICAL
         WORKSHOP, P.O. AND DIST. DIBRUGARH, PIN- 786001, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, WOMEN
         AND CHILD DEVELOPMENT DEPARTMENT, DISPUR, GHY-781006.

         2:THE DISTRICT COMMISSIONER
          LAKHIMPUR
          NORTH LAKHIMPUR
         ASSAM
          P.O. AND P.S. NORTH LAKHIMPUR
          DIST. LAKHIMPUR.

         3:THE ASSISTANT COMMISSIONER AND MEMBER
         WOMEN CELL
          LAKHIMPUR
          NORTH LAKHIMPUR
         ASSAM
          P.O. AND P.S. NORTH LAKHIMPUR
          DIST. LAKHIMPUR.

         4:MONALISHA TAW @ MANALISHA TAW
          D/O- NIRU TAW
          R/O- VILL.- OIYENGIA BORGAON
          P..S GHILAMARA
          P.O. MORNOI BEBEJIA
                                                                                 Page No.# 2/3

            DIST. LAKHIMPUR
            ASSAM

Advocate for the Petitioner : MR M AHMED
Advocate for the Respondent : GA, ASSAM


                                   BEFORE
                  HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                                   ORDER

13.05.2024

Heard Mr. M. Ahmed, learned counsel for the petitioner and Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 1, 2 & 3.

2. The petitioner herein has challenged an order dated 12.03.2024 passed by the respondent no. 3 in his capacity as the Assistant Commissioner, Lakhimpur, North Lakhimpur & Member, Women Cell, Lakhimpur, whereby, the respondent no. 3 has directed the petitioner's employer, the Chief Workshop Manager, NF Railway, Mechanical Workshop, Dibrugarh to deduct an amount of Rs. 5,000/- from the salary of the petitioner and to deposit the same in the account of the respondent no. 4 as maintenance. The said order is stated to have passed in a case, Case no. 82559/2024.

3. Issue notice, returnable in 4 [four] weeks.

4. As Mr. Baruah, learned Junior Government Advocate, Assam has appeared and accepted notices on behalf of the respondent nos. 1, 2 & 3, issuance of formal notices to the said respondents are dispensed with. Mr. Ahmed, learned counsel for the petitioner shall furnish requisite nos. of extra copies of the writ petition along with the annexures, to Mr. Baruah within 3 [three] working days from today.

4. The petitioner shall take steps for service of notice upon the respondent no. 4 by registered post with A/D within 3 [three] working days from today.

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5. Heard the learned counsel for the parties on the interim prayer.

6. It is the case of the petitioner that an application under Section 125, CrPC was earlier preferred before the Court of learned Sub-Divisional Judicial Magistrate [M], Dhakuakhana, Lakhimpur by the mother of the respondent no. 4 seeking maintenance for herself and her daughter, that is, the respondent no. 4 on the ground that the marriage between the mother of the respondent no. 4 and the petitioner was solemnized in 1999. The said application was registered and numbered as Misc. Case no. 05/2019. The Court of learned Sub-Divisional Judicial Magistrate [M], Dhakuakhana, Lakhimpur decided the said application, Misc. Case no. 05/2019, on contest, by a Final Order dated 18.03.2020, whereby, the claim for maintenance was dismissed. When a criminal revision petition, Criminal Revision no. 01[1]/2022 was preferred before the Court of learned Additional Sessions Judge [FTC], Lakhimpur, North Lakhimpur against the Final Order dated 18.03.2020, the said criminal revision petition was also dismissed by a Judgment and Order dated 08.06.2023, thereby, affirming the Order dated 18.03.2020.

7. It does not prima facie appear that the respondent no. 3 has the authority and jurisdiction to pass an order of maintenance in view of the determination on the matter of maintenance already made by the Court of learned Sub-Divisional Judicial Magistrate [M], Dhakuakhana, Lakhimpur and learned Additional Sessions Judge [FTC], Lakhimpur, North Lakhimpur. In view of such fact situation obtaining in the case, as projected by the petitioner, the impugned order dated 12.03.2024 passed by the respondent no. 3 shall remain stayed until further orders.

8. List the case after 4 [four] weeks.

JUDGE

Comparing Assistant