Complaint of state commission for women in karnataka-reg
D VENKATESAN
(Querist) 17 December 2016
This query is : Resolved
Dear sir,
my ex wife is complaint filed in Karnataka state commission for women regarding maintenance. wife is already divorced (Exparte divorce)in year of 2010 and appeal also filled against exparte divorce in same court the same appeal case also dismissed in Karnataka court. and again maintenance case also filed is in running in court. mean time she is again filed another compliant filed in Karnataka state commission for women regarding purpose of maintenance.my question is i have self filed objection through register post and not appear hearing in-front of commission. my question is maintenance case is living in civil court at argument stage please suggest me if not appear in commission what type of action commission will taken against me.
Rajendra K Goyal
(Expert) 17 December 2016
You should appear before the commission and mention that the case is pending with the court.
kavksatyanarayana
(Expert) 17 December 2016
Yes. I honestly agree with advise of Mr.R.K.Goyal sir.
P. Venu
(Expert) 18 December 2016
The Commission cannot interfere in a matter with a sub-judice. The communication by registered post is generally taken on file by such quasi-judicial bodies.
Kumar Doab
(Expert) 18 December 2016
Hope you have stated in your letter that matter is sub-judice.
Dr J C Vashista
(Expert) 18 December 2016
It would be advisable to seek services of your lawyer and appear before the commission.
However, the commission has no jurisdiction to adjudicate a maintenance complaint, move to High Court for writ of quo warranto and mandamus to quash the summon issued by commission.
Rajendra K Goyal
(Expert) 19 December 2016
May move as advised by the expert Dr J C Vashista.
