ORISSA HIGH COURT : CUTTACK W.P.(C) No.19271 of 2016 In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950 ***

Rashmi Roshan @ Nigar Aged about 30 years Wife of Md. Sabir Ahemad Resident of Village: Dilawarpur PO/PS/District: Kendrapara At present residing C/o. Ashyana, Society for Weaker Community (Short Stay Home)

At: Badasankarpur (near Masjid)

PO/District: Bhadrak – 756 100. … Petitioner -VERSUS-

1. Union of India Represented through Secretary Ministry of Defence, New Delhi – 110 011.

2. Air Officer Commanding Air Force Record Office, Subroto Park, New Delhi – 10

3. The Commanding Officer

251 Su, C/o-4 Wing Air Force, 56 APO Agra, At/PO: Agra, Uttar Pradesh.

4. Md. Sabir Ahemad Son of Md. Safique Ahemad Service No. 903512, CPL ACH GD Resident of Village: Dilawarpur PO/PS/District: Kendrapara At present:

Serving at 251 Su, C/o-4 Wing Air Force, 56 APO, Agra Uttar Pradesh. … Opposite parties Counsel appeared for the parties:

For the Petitioner : Dr. Binoda Kumar Mishra, Mr. Bijaya Kumar Mishra, Dr. Sadanand Bag, Advocates For the Opposite party : Mr. Santosh Kumar Samantaray, Nos.1, 2 and 3 Central Government Counsel For the Opposite party : Mr. Amiya Kumar Mishra, No.4 M/s. Anoop Mishra, J. Sahoo, S.S. Parida, Advocates P R E S E N T: HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 02.04.2025 :: Date of Judgment : 09.04.2025

JUDGMENT

The approach of the petitioner before this Court:

Beseeching issue of writ of mandamus under Article 226 of the Constitution of India to the opposite party Nos.2 and 3 to deduct amount of maintenance from the salary of the opposite party No.4 in terms of Section 92(i) of the Air Force Act, 1950, with a further direction to record the name of the petitioner in the service book of the opposite party No.4 giving her the status of ―wife‖, the instant writ petitioner has been filed.

Facts:

2. The relevant facts as adumbrated in the writ petition by the petitioner are stated herein below.

2.1. The petitioner claiming to have got married to the opposite party No.4 on 25.06.2006 alleged to have been ill-treated in her in-law‘s house which compelled her to leave her matrimony. On the intervention of gentlemen, both the petitioner and the opposite party No.4 got married again as per Islamic ritual. A Nikahnama dated 12.12.2008 was issued by Government Qazi and on the same day both have executed marriage agreement before Notary Public mentioning therein that the Government Qazi performed Nikah on 12.12.2008 in the Kendrapara Police Station premises.

2.2. Though they led conjugal life in the matrimonial home, the opposite party No.4 left for his place of work after some days. Since she was subjected to cruelty, an F.I.R. was lodged alleging offence under Sections 498A/506/ 34, Indian Penal Code, 1860 in the Kendrapara Police Station. Consequently, in G.R. Case No.308 of 2009, the opposite party No.4 was arrested from his place of work, i.e., Indian Air Force at Chandigarh and got released on bail. Having surrendered before the learned Sub- Divisional Judicial Magistrate, Kendrapara, the opposite party No.4 was enlarged on bail by Order dated 22.08.2009. The police filed charge sheet in the meanwhile and the case is pending trial.

2.3. The petitioner, residing at a short stay home, instituted a case under the Protection of Women from Domestic Violence Act, 2005, which was registered as DV Misc. Case No.429 of 2009 in the Court of the learned Sub- Divisional Judicial Magistrate, Bhadrak and also filed a petition for grant of maintenance. Having got order for interim maintenance, the opposite party No.4 approached this Court in Criminal Revision No.1316 of 2009, but the said revision petition was withdrawn. The said D.V. Misc. Case No.429 of 2009 was heard on contest and by Judgment dated 03.03.2012, the learned Judicial Magistrate First Class, Bhadrak directed the opposite party No.4 to pay maintenance of Rs.5,000/-

per month with effect from 15.10.2009 in addition thereto