MAJ JAIDEEP SINGH SANDHU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has moved this petition for quashing the Central Government order dated 1st Septem- hcr,1995 granting maintenance to petitioner's wife and minor child. The Government of India passed an order on 1st September, 1993 granting maintenance to the petitioner's wife and his son of Rs. 1280.00 and Rs. 320.00 respectively from September, 1993, totalling Rs. 1600.00 per month. The compensation was awarded in exercise of the powers conferred under Section 90(i) of the Army Act 1950 (46 of 1950). The order reads as follows:

(2.) This order is impugned in the writ petition impleading as respondents, the Union of India and other authorities and his wife.

(3.) The petitioner argued the case in person and submilled that in view of the later part of Note 22 referable to Section 90 (i) of the Army Act, the power under Section 90 cannot be exercised for deducting maintainance for petitioner's wife and son unless the wife and son obtain a decree for maintenance from a competent Civil Court.