Woman Commission

8/17/2019 Woman Commission

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ASSAM STATE COMMISSION FOR WOMENASCW Case No.71/2014

This Complain was lodged with this Commission on 31-03-2014 by the

complainant Smti Rupa Baruah who is the only legal wi!e o! a mighty man

o! "orhat namely Sri #day $r% Baruah% The !actual bac&grounds o! this

complain bears a long pathetic story o! the woman namely Smti Rupa

Baruah 'herein a!ter re!erred to as complainant(wi!e)% The parties got

marriage according to *indu rights and rituals on 03-12-1++0 and out o!

the said wedloc& a son was born on 21-0+-1++1 namely Sri ,aura

Baruah% .n 0/-01-1++2 she was thrown out !rom her house and since then

she has been liing with her son in her paternal house without a single

penny !rom her mighty husband(!ather since 1++2% .n the other hand the

complainant submits that her husband( opposite party got married with

another lady in the mean time% uring the last 1 years the complainant

has been running !rom pillar to post to get her matrimonial rights and also

to gie legal entitlement to her minor son but she !ailed% s discernable

!rom the records there are many reasons why the Complainant and her

minor son depried !rom their legitimate rights% .ut o! those the main

reason is the unholy neus o! the aw en!orcing agency with the opposite

5arty(husband% The .pposite party(husband !rom 1++2 till today is eading court

proceedings only on the ground o! his illness% *e has neer attended in

any court proceedings either 6led by himsel! or 6le by the wi!e !rom 1++2

not to spea& o! complying with the orders passed by any court during the

last 1 years% 7nough materials are aailable with the complainant which

would go to show that the opposite party( husband namely Sri #day $r%

Baruah being a highly rich person has managed to get through the orders

o! the Court in the waste bin% t this stage this Commission howeer is

not in a position to 6nd out such person who is inoled in the a!oresaid


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actiities% 8t needs appropriate and impartial inestigation by such an

authority who does not succumb under the pressure o! money or money9s

worth% The opposite party(husband in the mean time has got married with

one :::::: The opposite party(husband with a iew o! harassing the

complainant has 6led seeral suits in di;erent point o! time which are as

!ollows<

Sl.

No

.

Case No Type of cases Name of te

Co!"t

Res!lt

1% T% S% =.%

4(1++>

iorce suit 6le by

the *usband Sri #day

$r Baruah

ismissed !or non

prosecution by

the 5etitioner2 T%S% =o%

3?(200

iorce suit 6le by

the opposite

party(husband

ismissed !or non

prosecution by

the 5etitioner3 T% S% =o

2(2012

See&ing iorce by

*usband(opposite

party

ismissed !or non

prosecution by

the 5etitioner

O# te ote" a#$ te Compla%#a#t/ W%fe &le$ te follo'%#( cases)

Sl%

=o%

Case =o Type o! cases Result =ame o!

the court1% @isc Case

=o%1>(1++/

See&ing

maintenance under

12> Cr% 5 C

,ranted Rs%1000(-

per month !or her

and her son ide

order dated 2-0>-

1++?

2% @isc Case

=o%3+(2004

#nder Section 12?

Cr5C see&ing

enhancement o!

maintenance

8t was enhanced to

Rs% >000(- !or her

maintenance and

her minor son ide


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amount order dated 13-0>-

0>3% @isc Case

=o% +>(2004

#nder Section 12?

Cr5C see&ing

enhancement o!

maintenance

amount

,ranted Rs% 1/000(-

per month !or her

and her minor son

ide order dated 0+-

0?-2010

NONE OF T*E A+O,E OR-ERS *A,E +EEN COMIE- WIT* + T*E

OOSITE ART/*S+AN-.I# te @isc Case =o% +>(2004 the Sub iisional "udicial @agistrate

a&himpur issued seeral warrants against the .pposite 5arty(*usband

namely Sri #day $r% Baruah but un!ortunately yielded no result% 8t is

!urther discernable !rom the records that despite repeated e;orts none o!

the a!oresaid orders o! the Court could be materialiAed% The arrant

eecuting agency gies a readymade reply that the .pposite

5arty(husband is sic&% That the .pposite 5arty(husband since 1++2 to 2014

has been eading court proceeding(arrants(legal responsibilities% 8t is

absolutely astonishing to see how a person could hae so much upper

hand and(or priilege to aoid or eade Court proceeding and legal

responsibilities% Be!ore putting blames on any concerned authority(agency

this Commission would li&e to re!er the entire issue with the copies o!

aailable records to the !ollowing authorities<

1. To *o#3le te C%ef !st%ce of 5a!at% *%( Co!"t6 '%t a

s%#ce"e "e!est to ta8e !p te matte" at *%s o"$s%p9s

:!$%c%al s%$e as !3l%c I#te"est %t%(at%o# o" as a W"%t

et%t%o#.2. To te *o#3le C%ef M%#%ste" of Assam6 fo" %s 8%#$

%#fo"mat%o# a#$ #ecessa"y act%o#.


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;. To Te Comm%ss%o#e" a#$ Sec"eta"y6 -epa"tme#t of *ome6

5o


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@ember Secretary o! the Commission shall !orward the Copy o! this

.rder to the a!oresaid authorities by special messenger%

%st t%s matte" a(a%# o# 1>/0?/2014 fo" f!"te" o"$e".

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