1
ASSAM STATE COMMISSION FOR WOMEN
ASCW 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 wife of a mighty man
of Jorhat namely Sri Uday Kr. Baruah. The factual backgrounds of this
complain bears a long pathetic story of the woman namely Smti Rupa
Baruah (herein after referred to as complainant/wife). The parties got
marriage according to Hindu rights and rituals on 03-12-1990, and out of
the said wedlock a son was born on 21-09-1991 namely Sri Gaurav
Baruah. On 06-01-1992 she was thrown out from her house and since then
she has been living with her son in her paternal house without a single
penny from her mighty husband/father since 1992. On the other hand the
complainant submits that her husband/ opposite party got married with
another lady in the mean time. During the last 18 years the complainant
has been running from pillar to post to get her matrimonial rights and also
to give legal entitlement to her minor son, but she failed. As discernable
from the records there are many reasons why the Complainant and her
minor son deprived from their legitimate rights. Out of those the main
reason is the unholy nexus of the Law enforcing agency with the opposite
Party/husband.
The Opposite party/husband from 1992 till today is evading court
proceedings only on the ground of his illness. He has never attended in
any court proceedings either filed by himself or file by the wife, from 1992
not to speak of complying with the orders passed by any court during the
last 18 years. Enough materials are available with the complainant which
would go to show that the opposite party/ husband namely Sri Uday Kr.
Baruah being a highly rich person has managed to get through the orders
of the Court in the waste bin. At this stage this Commission, however, is
not in a position to find out such person who is involved in the aforesaid
activities. It needs appropriate and impartial investigation by such an
authority who does not succumb under the pressure of money or moneys
worth.
The opposite party/husband in the mean time has got married with
one The opposite party/husband with a view of harassing the
complainant has filed several suits in different point of time, which are as
follows:
Sl.
Case No
Type of cases
No
.
1.
Name of the
Result
Court
T. S. NO.
Divorce suit file by
Dismissed for non
4/1995
the Husband Sri Uday
prosecution by
T.S. No.
Kr Baruah
Divorce suit file by
the Petitioner
Dismissed for non
37/2008
the opposite
prosecution by
T. S. No
party/husband
Seeking Divorce by
the Petitioner
Dismissed for non
82/2012
Husband/opposite
prosecution by
party
the Petitioner
On the other hand the Complainant/ Wife filed the following cases:
Sl.
No.
1.
Case No
Type of cases
Result
the court
Misc Case
Seeking
Granted Rs.1000/-
No.
158/1996
maintenance under
per month for her
125 Cr. P C
and her son vide
order dated 2-05-
2.
Name of
Misc Case
Under Section 127
1997
It was enhanced to
No.
39/2004
CrPC, seeking
Rs. 5000/- for her
enhancement of
maintenance and
maintenance
her minor son vide
3.
amount
order dated 13-05-
Misc Case
Under Section 127
05
Granted Rs. 16000/-
No. 95/2004
CrPC seeking
per month for her
enhancement of
and her minor son
maintenance
vide order dated 09-
amount
07-2010
NONE OF THE ABOVE ORDERS HAVE BEEN COMPLIED WITH BY THE
OPPOSITE PARTY/HUSBAND.
In the Misc Case No. 95/2004, the Sub Divisional Judicial Magistrate,
Lakhimpur issued several warrants against the Opposite Party/Husband
namely Sri Uday Kr. Baruah, but unfortunately, yielded no result. It is
further discernable from the records that despite repeated efforts, none of
the aforesaid orders of the Court could be materialized. The Warrant
executing
agency
gives
readymade
reply
that
the
Opposite
Party/husband is sick. That the Opposite Party/husband since 1992 to 2014
has been evading court proceeding/Warrants/legal responsibilities. It is
absolutely astonishing to see how a person could have so much upper
hand and/or privilege to avoid or evade Court proceeding and legal
responsibilities. Before putting blames on any concerned authority/agency,
this Commission would like to refer the entire issue with the copies of
available records to the following authorities:
1. To Hon'ble the Chief Justice of Gauhati High Court, with a
sincere request to take up the matter at His Lordships
judicial side as Public Interest Litigation or as a Writ
Petition.
2. To the Hon'ble Chief Minister of Assam,
information and necessary action.
for his kind
3. To The Commissioner and Secretary, Department of Home,
Government
of
Assam,
necessary action.
4. To the Commissioner
for
and
his
kind
Secretary,
information
Social
and
Welfare
Department, Government of Assam, for his kind information
and necessary action.
5. To the Director General of Police, Assam, for his kind
information and necessary action.
The Commission has proposed to forward the entire case records to the
aforesaid top brass authority of this State, expecting a prompt, effective
and visible action as early as possible. This Commission further expects
that the aforesaid authorities would set an example by punishing the
concerned officers who are having unholy nexus with the unscrupulous.
This Commission anxiously observes that if the legal procedures are
prostrated on the ground in the aforesaid manner than people would
certainly
left
confidence
upon
responsible
Government
and
its
responsible agencies. Being a part of this responsible Government and a
statutory body this Commission has time and again has pointed out at
various spheres in Governments Administrative mechanism about the
unholy nexus of the Law enforcing agency with the unscrupulous and
antisocial elements but those effort of this Commission are yet to see the
light of the day.
In the aforesaid Circumstances, at this stage, the Commission
directs the DGP, Assam, to cause an enquiry in to the entire aforesaid
aspects of the matter and to submit a report within 31-08-2014. The DGP,
Assam, is further directed to enforce the attendance of the Opposite
party/husband namely Sri Uday Kr. Baruah before this Commission on 1608-2014 at any rate.
Member Secretary of the Commission shall forward the Copy of this
Order to the aforesaid authorities by special messenger.
List this matter again on 16/08/2014 for further order.
