The Army does not have the jurisdiction to entertain claims for maintenance for estranged partners in the face of marital disputes, an Armed Forces Tribunal (AFT) has ruled.
The Chandigarh Bench of the AFT has ruled that it has jurisdiction only to implement the order from a court of competent jurisdiction or Central government as far as such pay deductions are concerned.
Justice M.S. Chauhan and Lieutenant General Munish Sibal said in their order: “The Army Authorities have no jurisdiction to adjudicate such claims and Sections 90 (i) and 91 (i) of the Act only empower the prescribed officers to pass an order directing deductions from the pay and allowances of a person subject to the Act, only to give effect to a decree passed by a Court of competent jurisdiction granting maintenance in favour of the wife and or child of such person, not otherwise.”
The order came on the application of Major Amit Kumar Mishra, who moved the AFT against an Army order granting his estranged wife and minor daughter maintenance from his salary. His wife had approached the Army authorities seeking maintenance support, and a show cause notice was issued to him in August 2015.
Army’s order
The Army issued an order in February 2016 saying that the maintenance amount be deducted from his salary.
Major Mishra in his AFT appeal pointed out that the Army order was issued without giving him an opportunity to present his side of the case. He told AFT that the Army order was illegal and it had overstepped on the civil court’s jurisdiction under both CrPC and Hindu Marriage Act. Army representatives argued that they had powers to grant maintenance to his estranged wife.
The AFT order pointed out that there is no power under the Army Act to direct pay cuts in absence of orders from competent courts. The Army Act only empowers Army to deduct sums ordered by the Central government or another competent office.
