ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

10.

OA No 09/2021 with MA No 08/2021 Smt Malki @ Bidami Devi, Wife of No-6309101 Ex Hav KR Chaudhary, R/o VPO-Malakali, Tehsil-Sri Madhopur, District-Sikar (Raj) …. Applicant Versus

1. The Union of India, through the Secretary Ministry of Defence, Govt of India, South Block, New Delhi-110011

2. The Addl Dte General Personnel Services, Adjutant General’s Branch, IHQ of MoD (Army), New Delhi – 110011

3. The Dte Gen of Sigs/ Sigs 4(b), GS Branch, IHQ of MoD (Army), DHQ PO, New Delhi – 110066

4. PCDA (P), Allahabad (UP) – 211014

5. The OIC Records, Records The Signals PIN-908770, C/o 56 APO

6. Ex Hav KR Chaudhary, Flat No-414, Block A, …. Respondents Meghadri Heights, Balaji Nagar Road, Yarpal, JJ Nagar (PO), Secunderabad (TS) – 500087 For Applicant : Ms Anjali Minocha, Advocate, Proxy for Mr SB Singh/Ms Savita Singh, Advocate For Respondents : Mr Arun Kumar, Advocate CORAM HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR SANJIV MITTAL, MEMBER (A)

O R D E R

11.07.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for the following reliefs :-

(a) That the Application of the Applicant be allowed and the Applicant be paid due share part or full in the pension including commuted value, gratuity, provident fund and the AGI Share entitled to her husband, Hav KR Chaudhary, as deemed appropriate by the Hon’ble Tribunal.

(b) The DCRG withheld be paid to Applicant with interest.

(c) Necessary disciplinary action be taken against Ex Hav KR Chaudhary for making false declaration of Applicant’s death on 16.01.1976 while subjected to Army Act. Also necessary action be taken for entering into Bigamy on

08.03.1980 while in service having been subjected to Army Act.

(d) Any other relief, which Hon’ble Tribunal thinks just and proper in the matter be also granted to the Applicant.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was married to Ex Hav KR Chaudhary as per Hindu rites and three children were born out of the wedlock. When her husband deserted her, she sought whereabouts of her husband from the Respondents and came to know that her husband has declared the Applicant as dead and, thereafter, remarried with Ms Raj Kumari and the Applicant has been discharged from Service on 30.06.1989. On approaching the Applicant for share in Service Pension/grant of Family Pension to the Applicant, the Respondents informed that based on a verification report, corrigendum PPO has been issued wherein name of the Applicant has been reflected as Next of Kin. However, she is not eligible for any pensionary benefits till her husband is alive. Therefore, the Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement. While not disputing the basic facts presented by the Applicant, the Respondents have submitted that after the case of plural marriage came to notice on 27.08.1988 through IHQ of MoD (Army) vide their letter dt 19.08.1988, a Court of Inquiry was convened by HQ 61 (I) Sub Area on 20.06.1989 which revealed that the Applicant’s husband entered into second marriage by signing a false declaration that his first wife Mrs Bidami Devi had died on 16.01.1976. The duly completed Court of Inquiry, along with recommendations of Sub Area Commander was sent to Signals Records on 21.06.1989. In between Hav KR Chaudhary reported to Depot Regiment for discharge drill and was due for Struck of Strength on 30.06.1989, and before the letter was received at Signals Records, he was discharged from Service on 30.06.1989. Taking note of the recommendations of the Court of Inquiry, Corrigendum PPO has been issued wherein the Applicant’s name has been reflected as wife (NOK). However, under the provisions of AI 51/80, the Applicant is not eligible for grant of any pensionary benefits as her husband is alive. As per existing policy, dependents of a soldier are authorized for grant of Family Pension only after d