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VINOD S. BHARDWAJ
Monika Sharma – Appellant
Versus
Union of India – Respondent
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
The court emphasized the need for uniformity in maintenance proceedings and adherence to the Supreme Court's guidelines regarding overlapping jurisdiction and maintenance claims.
The judgment established that the provisions of Section 125 Cr.P.C aim to prevent destitution of a deserted wife and must be considered in light of the welfare of the children. It also clarified that....
A divorced woman not remarried is entitled to maintenance under Section 125, but the amount must reflect her financial independence.
The court upheld joint parental responsibility for child support, clarifying that maintenance cannot be denied based on financial hardship without thorough examination of the parties' abilities.
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