The Kerala High Court has held that the State Women's Commission (SWC) does not have the power to consider issues with regard to maintenance of spouses and children.
Justice Anu Sivaraman made the ruling while setting aside an order of the commission directing a man from Thiruvanthapuram to pay maintenance to his wife. The court observed that the power of inquiry into unfair practices and initiation of prosecution was prescribed in the Kerala Women’s Commission Act. The power to decide on the payment of maintenance had specifically been provided under the provisions of Section 125 to 127 Criminal Procedure Code (Cr.PC) and the issue required adjudication in appropriate proceedings.
Provisions were also incorporated in personal laws as well as Family Courts Act to consider issues with regard to maintenance of spouses and children. Going by the provisions of the Kerala Women's Commission Act, 1990, 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 to them.
The court, however, made it clear that the order would not prejudice the right of the wife to file an application for maintenance in accordance with the law.
