JUDGMENT

Vinod S. Bhardwaj, J. (Oral)

The present writ petition raises a challenge to the order dated 08.09.2020 (Annexure P-24) whereby the maintenance awarded in favour of the petitioner has been discontinued by the respondent-Authorities.

2. Briefly summarized, the facts of the present case are that marriage of the petitioner was solemnized with respondent No.6 on 18.04.2006 and a girl child namely Rishita was born out of this wedlock. However, the marriage fell apart and the petitioner as well as respondent No.6 started living separately. The petitioner was granted maintenance allowance under section 90 (i) of the ARMY ACT 1950 read with AO 2/2001. An affidavit in terms of the above Army order was also submitted by the petitioner on 19.08.2009. Vide letter dated 30.11.2009, the petitioner was granted maintenance allowance @ 22% of the salary of respondent No.6 for herself and 5.5% of the salary towards maintenance of the minor daughter Rishita. Respondent No.6 challenged the above order by filing OA 60 of 2010 before the Armed Forces Tribunal (AFT) Principal Bench. The same was disposed of vide order dated 08.11.2010 observing that as the proceedings under section 13 (1) of the HINDU MARRIAGE ACT are pending before the Civil Court, the Army Authorities shall finalize the issue of maintenance on the basis of outcome of the Civil Court order. The petitioner claims to be getting maintenance since then under the said arrangement. However, respondent No.6 again submitted an application for review of the order of maintenance in the year 2016 which was rejected vide order dated 13.10.2016 (Annexure P-6) by observing that FAO No.6042 of 2012 was pending before the High Court and there was nothing to show any change of financial position or status of the wife-petitioner herein.

3. Aggrieved thereof, OA 208 of 2017 was filed by respondent No. 6 before the Armed Forces Tribunal, Principal Bench, New Delhi, and reliance was also placed on the advisory issued by the Ministry.

4. The above said petition was disposed of vide order dated 19.09.2019 by issuing directions to the respondents to investigate the matter afresh for alteration/amendment of the maintenance amount already granted to the petitioner on the strength of documents that had been filed before the the Armed Forces Tribunal (hereinafter to be referred as AFT).

5. It is further submitted that the petitioner meanwhile had also preferred a complaint to the SSP, Women Grievance, Gurugram, against respondent No.6 under Section 494 of the INDIAN PENAL CODE , 1860 for marrying another woman during the lifetime of his first wife.

6. The matter remained pending before the Authorities on one pretext or the other, however, the final order was passed on 08.09.2020 whereby the respondents ordered to discontinue the maintenance allowance granted by the Headquarters (Southern Command) vide letter No.D2408112/281/DV dated 13.11.2009 with immediate effect. The maintenance allowance of Rishita, daughter of petitioner and respondent No.6 however, continued at 5.5% of the salary of respondent No.6 as per the earlier order dated 30.11.2009. The same was passed without prejudice to the rights of the petitioner to avail the avenues of reconciliation procedure/process of proceedings available in the ongoing cases including divorce case pending before the Punjab and Haryana High Court.

7. Aggrieved thereof the present petition has been filed.

8. Written statement on behalf of respondents No.1 to 5 has been filed. It has been stated that respondent No.6 filed O.M.1157 of 2019 before AFT, New Delhi, regarding reduction of maintenance and also moved an application to the Army as well. The same was disposed of vide order dated 19.09.2019 and the order had been passed in compliance thereof. It is also averred that an Experts Committee Advisory was issued in supersession of all previous orders. The wife should avail her remedies before Civil Court.

9. A separate written statement on behalf of responden