VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The destitute wife of the appellant herein, who is taxing care of 2 minor school going children as well, made a request to the respondents authorities, where the appellant is employed, to direct the appellant to pay maintenance from the salary drawn by the appellant. The Director General of Police, Punjab, passed an order directing payment of 50% salary of the appellant directly to his wife and two minor school going children. The appellant challenged this order by filing writ petition which is disposed of by the learned Single Judge, with the following observations:-

(2.) Having regard to the spirit behind the aforesaid provisions, once such an order is passed by the Director General of Police providing immediate sustenance to the destitute wife and the 2 minor children, the learned Single Judge rightly refused to interfere with the same. The remedy under Article 226 of the Constitution of India is discretionary in nature. There is hardly any ground to exercise that discretion in favour of the appellant and quash such a benevolent order which was passed by the Director General of Police in order to do substantial justice in the matter.

(3.) It is also a matter of record that the other member in the family of the appellant is his father who is residing with the appellant and is being maintained by him. As against two persons, namely, the appellant and his father, the maintenance sought by the wife is for herself and two minor children, i.e. for 3 persons. These two minor children are school going children as well and, therefore, wife has to incur expenditure on the education of these children as well. Taking into account the totality of circumstances, direction of making 50% payment of the salary to the appellant's wife and two minor school going children is perfectly justified. On the basis of aforesaid admitted position appearing on record, this is a matter which hardly needs adjudication to find out the quantum of maintenance which is to be provided to the appellant's wife and two minor school going children.