VIRENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner seeks quashing of Sec. 92 (i) of the Air Force Act, 1950 (hereinafter referred to as 'the Act') and Air Force Order 03/2013 dtd. 6/2/2013 as ultra vires the Constitution and further seeks setting aside of order of maintenance dtd. 17/6/2019 passed by the Air Chief Marshal, Chief of the Air Staff.

(2.) Learned counsel for the Petitioner submits that the impugned order dtd. 17/6/2019 is erroneous and is liable to be set aside.

(3.) Learned counsel for the Petitioner submits that the said provisions are unconstitutional and further that the Respondent no. 3/wife has not disclosed this order in the proceedings filed under Sec. 125 Cr.P.C. seeking maintenance for herself and her child.