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Smt. Awaneesh v. Union Of India And Others - WRIT - C No. 29504 of 2006 [2006] RD-AH 10231 (24 May 2006)


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Civil Misc. Writ Petition No.29504 of 2006

Smt. Awanesh


Union of India & Ors.

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This writ petition  has been filed for quashing the orders dated 01.03.2006 and 27.02.2006 and for a direction upon the respondent Union of India to pay the maintenance allowance to the petitioner, being the wife of respondent no.2, as has been paid earlier.

The facts and circumstances giving rise to this case are that the petitioner got married with Kaptan Dandpal, respondent no.2. There had been strained relationship between them and as the respondent no.2 was not maintaining her, she filed a complaint before the authority in the Ministry of Defence as a result whereof, the maintenance was being paid to the petitioner from the salary of the respondent no.2 strictly in accordance with law. The payment had been stopped by the Ministry of Defence, as it appears from the pleadings that the respondent no.2 obtained an ex parte decree of divorce. The reason for stopping the maintenance allowance has been communicated to the present petitioner vide letter dated 28.02.2006 annexing the copy of the decree of divorce dated 07.01.2006 passed by the Additional District Judge, Tees Hajari, Delhi, which has been annexed by the petitioner.

In view of the fact that the petitioner has neither applied for setting aside the ex parte decree of divorce nor any document has been placed before us under which the respondent Union of India is under an obligation to pay the maintenance allowance after divorce. We are not inclined to entertain this writ petition.  The petition is accordingly dismissed. However, it is open to the petitioner to approach the appropriate forum for the relief sought in this petition.




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