-1- 2025:CGHC:24629 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2196 of 2021 Nitesh Kumar Sinha S/o Late Shri Ghanshyam Sinha Aged About 30 Years R/o Village- Sarkada, Tehsil And P.S.- Pithora, District- Mahasamund, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Collector Mahasamund, Revenue And Civil District- Mahasamund, Chhattisgarh. 2 - Sub- Divisional Magistrate And Sub - Divisional Office( Revenue) Pithora, Revenue And Civil District- Mahasamund, Chhattisgarh. 3 - Chhattisgarh State Commission For Women, Raipur, Through Its Member Secretary, Gayatri Bhawan, 13 Jal Vihar Colony, Raipur, District- Raipur, Chhattisgarh. 4 - Ahilya Bai Sinha W/o Late Shri Ghanshyam Sinha Aged About 55 Years R/o Village- Sarkanda, Tehsil And P.S.- Pithora, District- Mahasamund, Chhattisgarh. Presently Residing At The House Of Jethuram Sinha, Ward No. 1, Rawanbhatapara, Pithora, District- Mahasamund, Chhattisgarh. 5 - Kuldeep Sinha S/o Late Shri Ghanshyam Sinha Aged About 33 Years R/o Village- Sarkanda, Tehsil And P.S.- Pithora, District- Mahasamund, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Surfaraj Khan, Advocate For State : Mr. Prateek Tiwari, Panel Lawyer For Respondent No. 3: Mr. Vikram Sharma, Advocate For Respondent No.4 : None though served. Hon'ble Shri Justice Rakesh Mohan Pandey Digitally signed by NADIM MOHLE -2- Order on Board 16.06.2025 1) Heard on admission. 2) The petitioner has challenged the order dated 13.01.2021 passed by the Chhattisgarh State Commission for Women, Raipur (for short, the Commission), whereby the petitioner has been directed to pay maintenance of 8,000/- per ₹ month to respondent No.4 (mother). 3) Mr. Surfaraj Khan, learned counsel for the petitioner submits that the Commission exceeded its jurisdiction while passing the order impugned. It is further submitted that according to the provisions of Section 10 of the National Commission for Women Act, 1990, the Commission may exercise certain powers of a civil court, such as summoning witnesses and recording evidence, and may recommend appropriate authorities for action. He further contends that the Commission can only make recommendations but cannot exercise powers given in Section 125 of the Code of Criminal Procedure to grant maintenance. Therefore, the impugned order is without jurisdiction and bad in law. 4) On the other hand, Mr. Vikram Sharma, learned counsel appearing for respondent No.3 would oppose the submissions made by the counsel for the petitioner. He submits that the mother of the petitioner approached the Commission stating that her sons, including the petitioner, failed to maintain her. Considering the plight of respondent No.4, the Commission passed the impugned order. He submits that the order has been passed within the four -3- corners of Section 10 of the National Commission for Women Act, 1990. 5) Mr. Prateek Tiwari, learned Panel Lawyer, supports the submissions made by Mr. Sharma. 6) Despite the service of notice, there is no representation on behalf of respondent No.4. 7) Heard learned counsel for the parties and perused the documents. 8) Admittedly, respondent No. 4, who is the mother of the petitioner and respondent No. 5, approached the Commission stating that her sons failed to maintain her. The Commission issued a summons to the petitioner and respondent No.5 and after affording them an opportunity of hearing, passed an order directing the petitioner to pay maintenance of 8,000/- per month. ₹ 9) Section 10 of the National Commission for Women Act, 1990 reads as follows:- “10. Functions of the Commission.—(1) The Commission shall perform all or any of the following functions, namely:— (a) investigate and examine all matters relating to the safeguards provided for women under the Constitution and other law; (b) present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (c) make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the Union or any State; -4- (d) review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations; (e) take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities; (f) look into complaints and take suo moto notice of matters relating to— (i) deprivation of women’s rights; (ii) non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development; (iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities; (g) call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal; (h) undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity; (i) participate and advise on the planning process of socio- economic development of women; (j) evaluate the progress of the development of women under the Union and any State; (k) inspect or cause to be inspected a jail, remand home, women’s institution or other place of custody where women -5- are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action, if found necessary; (l) fund litigation involving issues affecting a large body of women; (m) make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil; (n) any other matter which may be referred to it by the Central Government. (2) The Central Government shall cause all the reports referred to in clause (b) of sub-section (1) to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any of any of such recommendations. (3) Where any such reportor any part thereof relates to any matter with which any State Government is concerned, the Commission shall forward a copy of such report or part to such State Government who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. (4) The Commission shall, while investigating any matter referred to in clause (a) or sub-clause (i) of clause (f) ofsub- section (1), have all the powers of a civil court trying a suit and, in particular, in respect of the following matters, namely: — (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; -6- (e) issuing commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribed.” 9. A bare reading of the above provision makes it clear that the Commission does not have the power to adjudicate the disputes relating to maintenance under Section 125 of the CrPC. The power to grant maintenance is vested with the competent Court, i.e. the Family Court or Magistrate according to the procedure laid down in the CrPC. 10.The Commission has the power to summon witnesses, record their evidence, and refer or recommend the matter to the appropriate forum or authority. 11.In the present case, the Commission has usurped the powers of a Family Court by directing payment of maintenance, which is beyond its jurisdiction. As such, the impugned order dated 13.01.2021 is not sustainable in the eyes of the law and is accordingly set aside. Consequently, this writ petition is hereby allowed at the admission stage itself. 12.However, respondent No.4 would be at liberty to take appropriate recourse to law. 13.Interim relief granted earlier stands vacated. Sd/- (Rakesh Mohan Pandey) Judge Nadim