SAMPURNANAND MISHRA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Sampurnanad Mishra is assailing before this Court the validity of order dated 13.10.2015 passed by learned Single Judge in Writ Petition No.54086 of 2015 (Sampurnanand Mishra vs. Union of India through Secy. and others) wherein learned Single Judge has refused to quash the order dated 20th December, 2013 whereby recovery towards maintenance is being made from the salary of the petitioner-appellant to be paid to his wife Smt. Ritu Mishra.

(2.) The factual situation that is so emerging, that petitioner-appellant is an employee of Indian Army serving as Hawaldar and he has been married to Ritu Mishra on 18th February, 2011 as per Hindu Vedic rites. It appears that there has been a matrimonial discord and petitioner-appellant has filed divorce case for dissolution of marriage under Section 13 of Hindu Marriage Act in the Court of Principal Family Judge, Gorakhpur which was registered as Case No.285 of 2013 (Sampurnanand Mishra vs. Smt. Ritu Mishra). Petitioner-appellant has stated that FIR has been lodged on 9th May, 2013 against the him and his family members under Section 498-A/34 I.P.C. at P.S. Saran Mahila which is registered as G.R. No.1938 of 2014 and Case No.10 of 2013. Petitioner-appellant has stated that not only this, a Maintenance Case No.27 of 2013 has also been filed on 28th May, 2013 under Section 125 Cr.P.C. with a prayer to pay Rs.15,000/- as maintenance and Rs.5,000/- per month for expenses of the cases. Petitioner-appellant has accepted this fact that said maintenance case is pending before the Court below and he has entered appearance therein.

(3.) From the record in question it is reflected that vide letter dated 31st August, 2013 issued from H.Q. Central Command PIN-908544 C/o 56 APO, the petitioner-appellant has been provided with a show cause notice regarding the grant of maintenance allowance under Section 91 (i) of Army Act, 1950. By the said show cause notice dated 31st August, 2013, petitioner-appellant has been informed that he has failed to maintain his wife hence he should show cause as to why suitable maintenance allowance should not be granted to his wife out of his pay and allowances, under the provision of Army Act Section 91(i) read in conjunction with Army Rule, 1993 as amended and Army Order No.2/2001. It also directed by the said letter that reply should be submitted through proper channel in writing within 30 days from the date of receipt of the said letter. Petitioner-appellant in compliance of the order/letter dated 31st August, 2013, submitted his reply to the aforesaid show cause on 7th October, 2013 by stating each and everything regarding pendency of the case of maintenance as well as divorce case. Thereafter order dated 20th December, 2013 has been passed regarding the maintenance allowance by deduction of 22% per month from the salary i.e. the pay of allowances of appellant and it payments to Smt. Ritu Sampurnanand Mishra i.e. respondent no.2 with effect from 26th June, 2013.