Woman Commission
Transcript of 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".