के (cid:4)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:19), मुिनरका

Baba Gangnath Marg, Munirka नई िदtiी, New Delhi – 110067 File No: CIC/DODEF/A/2024/111332 Mrs. Naval Jyoti .….अपीलकता(cid:19)/Appellant VERSUS बनाम PIO, RTI Cell, Addl. DG AE, G 6 D

1 Wing, Integrated Headquarter of MoD (Army) Sena Bhawan, Gate No 4, New Delhi – 110011 ….(cid:30)ितवादीगण /Respondent Date of Hearing : 03.09.2025 Date of Decision : 10.09.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 12.06.2023 CPIO replied on : 25.09.2023 First appeal filed on : 04.11.2023 First Appellate Authority’s order : 05.12.2023 Compliance of FAA order : Not on record

2nd Appeal/Complaint dated : 06.04.2024 Information sought:

1. The Appellant filed an RTI application dated 12.06.2023 (offline) seeking the following information:

“SEEKING INFORMATION REGARDING AMOUNT OF MAINTENANCE TO BE PAID TO A WIFE OF ARMY PERSONAL UNDER RTI ACT 2005

1. Indian Army is one of the finest and professional organizations of the Nation and it is the largest component of the Armed Forces. Also, wives of army personal play an important role in the functioning the individual. In respect of various rules and laws on maintenance of wives I would like to seek some information under the RTI Act 2005. The same is given in succeeding paragraphs.

2. The following information is sought:-

(a) If a wife files a petition against her husband (serving in Indian Army) seeking for maintenance. Are both parties (husband and wife) authorized to take the copies of all correspondence (copy of complaint, income affidavit, details of source of income, details of child education and all other correspondence of both parties) given by them to Indian Army authorities in respect of the maintenance case. If the copies of the correspondence cannot be provided, you are requested to provide the rules and regulations alongwith conditions prevailing in Indian Army for denying the same.

(b) If a divorce case between serving husband and his wife is subjudice in civil court, can Indian Army Authorities still decide upon the maintenance amount for the wife.

(c) If Army Authorities have denied the copies of correspondence (copy of complaint, income affidavit, details of source of income, details of child education and all other correspondence of both parties) in writing stating that the matter is subjudice in civil court, is this action justifiable or not please state alongwith reasons. If NOT justifiable please give courses of action available with both husband and wife against Army Authorities.

(d) Further to para 2(c), if copies as stated above are denied stating the matter is subjudice, still can Army Authorities decide upon maintenance.

Please give rules and regulations and army orders on the same(if any).

(e) If income affidavit or any other information in respect of source of income given by wife to Army is found to be false (before or after grant of maintenance), will maintenance claim still stands as per Army rules and orders. Also, state if the maintenance is already paid will it be recovered from wife.

(f) Please explain if any of the party (Husband or wife) refuses to amicably resolve the matter through counseling how does it affect the maintenance case. You are requested to explain the same for both wife and husband separately.

(g) Is any officer handling the complaint case belonging to Army Authority authorized to contact complainant wife telephonically on mobile phone or only written correspondence is authorized to have records of the same.

(h) If any soldier is paying maintenance to his wife as per orders of Army Authorities, is he authorized for allowances like HRA and Children Education Allowance. In order to claim the same will Army Authorities help the individual to obtain information and documents from the wife of the individual.

(j) For the grant of maintenance case will the complaint of the wife and other documents like her income details