KOCHI: Kerala Women’s Commission (KWC) does not have the power to order a husband to pay maintenance for his wife and children, the high court has held.The ruling by justice Anu Sivaraman was after considering a petition (WP-C No. 41020/2017) filed by 55-year-old Sreekumar Chakrapani of Kazhakkoottam, who challenged an order issued by the KWC asking him to pay maintenance to his wife.It was ordered by the commission that the petitioner should pay three-fourth of his salary to his wife and two children to meet the expenses for remitting housing loan instalments and for their livelihood and education.Advocate M R Sasith, who represented the petitioner at the high court, argued that the women’s commission should not have issued such an order as it does not have the power to do so.The counsel referred to a judgment by Delhi high court in 2006 (Bhupinder Singh vs Delhi Commission for Women and Others).To decide on the issue, the court referred to section 16 of Kerala Women’s Commission Act of 1990, which narrated the functions of the commission. The 15 functions prescribed under the Act for the commission included power of inquiry into unfair practices and initiation of prosecution, the court noted.However, the power to order payment of maintenance was included but it was actually included in Code of Criminal Procedure (CrPC), the court said.The judgment stated, “The power to decide issues regarding payment of maintenance stands specifically provided for under the provisions of Section 125 to 127 CrPC and the issue requires adjudication in appropriate proceedings. Provisions are 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 is granted to the commission to issue directions with regard to the matters where specific provisions are made in other statutes and where the parties have appropriate remedies available on them.”Setting aside the order issued by KWC, the court said the wife and children of the petitioner can approach the appropriate court for maintenance and that the court’s order will not prejudice the right of the wife to file an application for maintenance as per law.

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