KABAK NEEMA@KABAK NIMA v. KABAK ONANG TERI

ORDER Heard Mr. R. L. Thungon, learned counsel for the petitioner. Also heard Mr. K. Loya, learned counsel for the sole respondent.

In the present petition filed under Article 227 of the Constitution of India, the petitioner has assailed the order No. DMK/EM-07/14/2020/544 dated Page No.# 2/6

27.07.2022 issued by the Sub Divisional Officer, Doimukh. The other order which is under challenge is the order dated 29.07.2022, issued by the President, All Doimukh Gaon Burah Welfare Association for conducting local Mel on

05.08.2022 for settlement of marital dispute between the present petitioner and the sole respondent.

The sole respondent who is the wife of the present petitioner lodged a complaint on 04.07.2022 before the Sub-Divisional Officer, Doimukh, inter-alia, praying for issuing an order for conducting local Mel for settling her marital dispute with the petitioner.

On such application being filed, the Sub Divisional Officer, Doimukh vide impugned order No. DMK/EM-07/14/2020/544 dated 27.07.2022, passed the following order:- “ORDER A prayer petition dated 04.07.2022 received from Smti Kabak Onang Teri wife of Shri Kabak Nima B’ Sector Doimukh along with the enclose, that is the Mutual agreement dated

21.12.2017 relating to the physical affairs in between Shri Kabak Nima and Mrs Dora Yatik. The petitioner has made serious allegation to the respondent Shri Kabak Nima JE WRD Doimukh who is her legal husband, stating that her husband is found to be in adultery with Mrs Dora Yatik and staying with her at Itanagar. Secondly petitioner alleged that she is being debarred from her conjugal life since 2017 and her husband does not attend the family needs. In this regard Sri Tana Topu, HGB, President Doimukh Gaon Burah Welfae Association as arbitrator and following GB, Shri Tana Hari, GB Midpu, Shri Nabam Bukul GB Amba village to assist Shri Tana Topu. They are hereby authorize to conduct local Nyel at the very earliest under the provision of Assam Frontier Administration Justice Regulation Act -1945 and to fixed a suitable date and time to call both the parties to solve the dispute amicably. Further, during the hearing of case. Both the parties are directed to bring maximum 4 Page No.# 3/6 (four) person from each side and not allowed to bring sharp weapons like Dao and Fire Arms etc and after hearing the case, a report be submitted to this office for further action”.

On the basis of the said order, the President of All Doimukh Gaon Burah Welfare Association, Doimukh, by the impugned order dated 29.07.2022, fixed a date for Local Mel Proceeding on 5th August, 2022, at 08:30 AM onwards at Mel- Ground Doimukh to settle their family dispute which is under challenge.

The learned counsel for the petitioner submits that in view of enactment of the Arunachal Pradesh Civil Courts Act, 2021, the Sub Divisional Magistrate/Assistant Commissioner have no jurisdiction to issue any order directing the Gaon Buras/Village Authorities to hold Mel to settle the dispute between the petitioner and the respondent.

The learned counsel for the petitioner further submits that the Deputy Commissioner and Assistant Commissioners were empowered to administer civil justice under the Assam Frontier (Administration of Justice) Regulation, 1945 but the same have now been repealed. It is his contention that under the Arunachal Pradesh Civil Courts Act, 2021, the Gaon Bura/Village Authority is vested with Civil jurisdiction at lowest level.

The learned counsel for the respondent fairly submits that the proposition of law as submitted by the learned counsel for the petitioner is correct. Therefore, the learned counsel for the respondent further submits that since due to inadvertence, such application was filed before the Sub Division Officer, Doimukh, the respondent cannot be left remedy less. Accordingly he submits that even if such revision petition is allowed, liberty may be granted to the respondent to raise her grievance before the appropriate authority under the law. Page No.# 4/6

I have given anxious consideration to the submissions made by the learned counsel for the parties.

Arunachal Pradesh Civil Courts Act, 2021 was enacted by the State legislature and came into effect from 12.04.2021. By virtue of Section 27 (1) (v), the words “Deputy Commissioner, the Assistant Commissioner and” was deleted. Thus the Section 37 of Assam Frontier (Administration of Justice) Regulation, 1945, now reads as “Civil justice shall be administered by the Village authorities”. Thus the power granted to the Deputy Commissioner and Assistant Commissioner under Section 37 of the Regulation 1945 empowering the Deputy Commissioner, Assistant Commissioner and the Village Authorities to administer of civil justice has been modified by withdrawing such power from the Deputy Commissioner and the Assistant Commissioner and the power remains with the Village Authority.

In view of such clear provision of law, the Sub Divisional Office who is the Assistant Commissioner was not having any jurisdiction under law to issue the impugned order No. DMK/EM-07/14/2020/544 dated 27.07.2022. Accordingly, this Court is of the considered opinion that the impugned order has been passed without jurisdiction and the said order is liable to be set aside and quashed and accordingly same is done.

So far relating to the second contention, there is no forum called the Gaon Burah Welfare Association is recognized either under the Assam Frontier (Administration of Justice) Regulation, 1945 or under the Arunachal Pradesh Civil Courts Act, 2021 to administer any jurisdiction of Civil Court. The law recognizes only the Gaon Bura/Village Authority appointed by the Deputy Commissioner under Section 5 of the Assam Frontier (Administration of Justice) Regulation, 1945 as the Civil Court of lowest jurisdiction. As per Section 2(d) of Page No.# 5/6 the Arunachal Pradesh Civil Courts Act, 2021, Gaon Bura/Village Authority is included within the meaning of customary court and as per Section 3 of the Civil Courts Act, 2021, Customary Court has been designated as the Civil Court of the lowest jurisdiction.

Section 5(1) of the Assam Frontier (Administration of Justice) Regulation, 1945, authorises the Deputy Commissioner to appoint such person as he considers to be the members of a village authority for such village or villages as he may specify, and may modify or cancel any such order of appointment, and may dismiss any person so appointed.

In the present case, the impugned Mel was called by the President of All Doimukh Gaon Burah Welfare Association.

The extant Rules i.e. Arunachal Pradesh Civil Courts Act, 2021 and the Assam Frontier (Administration of Justice) Regulation, 1945, do not authorise or empower any Gaon Burah Welfare Association to exercise any power under Section 5 of the Assam Frontier (Administration of Justice) Regulation, 1945.

In that view of the matter, this Court is of the considered opinion that All Doimukh Gaon Burah Welfare Association has no sanction and authority under the law to exercise administration of civil justice under the Regulation, 1945. Accordingly, the impugned order dated 29.07.2022, issued by the President, All Doimukh Gaon Burah Welfare Association for conducting local Mel on

05.08.2022 for settlement of marital dispute between the present petitioner and the sole respondent is set aside and quashed.

However, such finding shall not put the respondent in a situation where she become remedy less. Accordingly, it is provided that the interference with the impugned orders in the present petition shall not debar the petitioner to approach competent forum authorised under law to exercise jurisdiction including Village Authority/Customary Authority or Competent Court, for redressal of her grievances afresh. Page No.# 6/6 JUDGE Comparing Assistant