IMPORTANT POINT
The court emphasized the need for uniformity in maintenance proceedings and adherence to the Supreme Court's guidelines regarding overlapping jurisdiction and maintenance claims.

JUDGMENT :

1. Heard Sri Ashish Kumar, learned counsel for the appellant and Sri Shashi Kumar Mishra, learned counsel for the respondent.

2. Present appeal has been filed under Section 19 of the Family Courts Act, 1984, arising from the judgement and order dated 26.07.2024 passed by the Additional Principal Judge, Family Court, Etawah in HMA Case No. 654 of 2022 (Neeraj Kumar Dhakrey Vs. Smt. Karishma). By that order, the learned Family Court has provided for interim maintenance Rs. 5,000/-per month to the respondent under Section 24 of the Hindu Marriage Act, 1955 from the date of her application i.e. 10.03.2023. It has further awarded a lump sum amount Rs. 10,000/-towards legal expense.

3. Grievance of the appellant is, he is serving as a Lance Naik/Sipahi with the Indian Army, drawing salary roughly Rs. 50,000/-per month. In the context of matrimonial discord that has arisen between the parties, against that salary entitlement the appellant was first subjected to deduction 22% of his salary in terms of Army Order 06/2020/AG/DV : Payment of Maintenance Allowance to Wives and Children of Army Personnel under the Army Act (hereinafter referred to as the 'Army Order'). For ready reference, the provision for rate of deduction provided under that Army Order reads as below:

"The amount of maintenance allowance sanctioned will not exceed 33% of the pay and allowances and will not be at a rate higher than the following:

(i) 22% of the pay and allowances in respect of wife.

(ii) 5.5% of the pay and allowances in respect of each legitimate/illegitimate child dependent on the mother, who, too, is entitled to be maintained by the Army personnel. However, the amount of maintenance allowance may be increased upto 25% of the pay and allowances, where the said child is dependent on the mother who is not entitled to be maintained by the individual.

(iii) 25% of the pay and allowances in respect of any legitimate/illegitimate child not dependent on the mother. In such an eventuality if the mother is also entitled to maintenance allowance, it will be restricted to maximum 8% in her case.

For the purposes of sub para (h) above, the expression pay and allowances includes Basic Pay, Military Sewice Pay, Dearness Allowance and Technical Allowance only. Other allowances in lieu of lodging, ration clothing, travelling etc. will not be considered as part of pay and allowances. The deduction of income tax component and standard mandatory deductions from the pay and allowances of an individual needs to be given due attention. It is reiterated that, the percentages mentioned at sub-para (h) above are only the maximum permissible rates and the Competent Authority is at liberty to grant maintenance allowance at a rate lower than the said rates after considering all factors to include income tax component, mandatory deductions from pay and allowance and legitimate financial liabilities of the individual to ensure his financial solvency."

4. Earlier, the respondent first instituted proceedings under Section 125 Cr.P.C., on 01.06.2019 seeking maintenance allowance. Those remained pending. Meanwhile, obviously at the instance of the respondent, a provision was made under the relevant Service Rules -providing for deduction and payment of monthly maintenance allowance (to her), under the Army Order. Referring to the salary account statement of the appellant for the period June 2021 to April 2023, it has been shown -such deductions were made directly from the monthly salary payments made to the appellant. Those were paid to the respondent, directly.

5. At the same time, during pendency of the aforesaid application filed under Section 125 Cr.P.C., the respondent further filed an application under Section 24 of the Hindu Marriage Act, 1955 -again seeking maintenance allowance, during the pendency of the divorce case instituted by the appellant being Case No. 654 of 2022 (Sri Neeraj Kumar Dhakrey Vs. Smt. Karishma). This application was filed on 10.03.2023.

6. Further, the re