Judgment

Arijit Pasayat, J.

( 1 ) -APPELLANT calls in question legality of the judgment rendered by a Division Bench of the Bombay High Court (Nagpur Bench) dismissing the writ petition filed by him holding that the order of compulsory retirement passed by the authorities was in order.

( 2 ) THE background facts leading to the passing of the order of compulsory retirement are as under:- appellant was appointed to the permanent Commission as a Pilot Officer in the Logistics Branch of Indian Air Force on 14. 4. 1973. Prior to his posting at Nagpur vide order dated 17. 11. 1990 he was posted at trivandrum since 28. 10. 1987. During tenure of his service in the Indian Air Force, the appellant was posted at Leh in Laddakh, Nal in rajasthan and few other places.

( 3 ) APPELLANT was married to Mrs. Roopa malhotra on 19. 10. 1973 as per Hindu rites. The marriage was also registered with the Registrar of Marriage on 5. 9. 1974. On 21. 3. 1992, mrs. Roopa Malhotra lodged a complaint with the then Chief of the Air Staff against misdeeds of the appellant and prayed for maintenance as well as appropriate action against him. In the said complaint Mrs. Roopa Malhotra (described for convenience as complainant) stated that in the year 1990, she came to know that the appellant had developed illicit relations with one Miss Anna Suja John when he was posted at Trivandrum. She strongly objected to their illicit relations and on account of that, the appellant started torturing her brutally. The appellant was posted at Nagpur on 12. 11. 1990. The complainant also came to nagpur from Ambala and started residing with the appellant at Nagpur. Since 1991, appellant started asking complainant for mutual divorce. Howeve,, she did not agree for the same. The appellant started beating her brutally and torturing her mercilessly because at Miss Anna suja John. It was further stated in the complaint that in the year 1991 itself, Miss Anna suja John came to Nagpur and started staying with the appellant and complainant Mrs. Roopa malhotra at their residence at Nagpur. The complainant strongly objected to this and requested the appellant not to have any relationship with Miss Anna Suja John and told her to leave Nagpur. When complainant could not bear the torture, she sought an interview with the then Air Marshal I. G. Krishna, HQ Maintenance Command, Indian Air force and narrated her plight to him. Younger brother of the appellant came to Nagpur and told the complainant that if she files a complaint against her husband, his career would be spoiled. He also promised that Miss Anna Suja John would go back to Kerala. However, it was noticed by the complainant that the situation did not improve and appellant continued his illicit relations with the other woman i. e. Miss Anna Suja john. When the complainant had gone to kanpur she saw Miss Anna Suja John with her child residing in the parental house of the appellant at Kanpur. At that time, she realized that she had been cheated by the appellant as well as his brother. The appellant abused the complainant in front of Miss Anna Suja John in filthy language. When they were at Kanpur, appellant and Miss Anna Suja John used to sleep in one room and complainant was asked to sleep in another room. At Kanpur, the appellant told the complainant that he and Miss anna Suja John are married. While they were at Kanpur, appellant and Miss Anna Suja John were behaving as husband and wife and going to hotels and various other places together. The same thing continued at Nagpur. The complainant tried her best to keep her nineteen years old marriage intact. However, it became impossible for the complainant to survive in that situation. The appellant stopped providing her basic amenities, which are necessary for survival of an individual. The appellant in spite of being allotted official residence in Vayu Sena nagar, Nagpur started residing in rented accommodation in Nagpur along with Miss Anna suja John as husband and wife. The physic