KOCHI: The High Court has held the Kerala Women’s Commission does not have the power to consider issues with regard to maintenance of spouses and children. The court said such provisions were incorporated in personal laws as well as Family Courts Act to consider the issues.
Justice Anu Sivaraman issued the order while allowing the petition filed by Sreekumar of Kazhakkoottam seeking to quash the Commission’s order which directed Sreekumar to pay 3/4th of his salary to his wife and two children so that they meet their expenses for remitting the housing loan instalments and for their livelihood and education. The petitioner said the Commission did not have the power to issue such an order.
The court said the power of inquiry into unfair practices and initiation of prosecution was prescribed in the Kerala Women’s Commission Act, 1990.
The power to decide on the payment of maintenance stand was specifically provided under the provisions of CrPC Sections 125-127 and the issue required adjudication in appropriate proceedings.
Going by its provisions, no power was granted to the Commission to issue directions with regard to matters where specific provisions were made in other statutes and where the parties had appropriate remedies available.
The court, however, made it clear the order would not prejudice the wife’s right to file an application for maintenance in accordance with the law.