- (1.) WE have heard Shri Vipin Kumar Saxena, learned Counsel for the Petitioner. Shri Govind Saran appears for Respondent Nos. 1, 2, 3 and 4. Ms. Seema Shukla appears for Smt. Shamim Ara -Respondent No. 5 -wife. The Manager, Punjab National Bank, Civil Lines, Allahabad is a formal party to the proceedings.
(2.) THIS writ petition arises out of the order of the Central Administrative Tribunal, Allahabad dated 23.11.2005 in Original Application No. 547 of 2004, Abrar Ahmad v. Union of India and Ors. by which the Tribunal dismissed the Original Application challenging the order of the Divisional Railway Manager, North Central Railway, Allahabad, directing that 50% pension of the Petitioner -Shri Abrar Ahmad, Ex -Junior Engineer, Grade -I (Drawing) retired from the office of Divisional Railway Manager, Northern Central Railway, Allahabad in the year 2000, shall be paid to his wife Smt. Shamim Ara. The order was passed after the Criminal Appeal No. 465 of 1996, Shamim Ara v. State of U.P. and Anr., was decided by the Supreme Court on 1.10.2002 (arising out of Criminal Revision No. 710 of 1993 decided on 28.2.1993), and by which the Supreme Court, in the celebrated judgment, which has become milestone in the Muslim law, held that acceptance of mere plea of previous Talaq taken in the written statement unsubstantiated, cannot be accepted as a proof of Talaq, bringing to an end the marital life with effect from the date of filing of the written statement. The Supreme Court held as follows: For the foregoing reasons, the appeal is allowed. Neither the marriage between the parties stands dissolved on 5.12.90 nor does the liability of the Respondent No. 2 to pay maintenance comes to an end on that day the Respondent No. 2 shall continue to remain liable for payment of maintenance until the obligation comes to an end in accordance with law. The costs in this appeal shall be born by the Respondent No. 2. (R.C. Lahoti, J.) (P. Venkatrama Reddi, J) After the judgment of Supreme Court dated October 1, 2002, the Respondent -wife applied to the Railway administration for implementation of the orders of payment of maintenance from her husband's pension, on which the Senior Divisional Personnel Officer, North Central Railway, Allahabad and Senior Divisional Finance Manager, North Central Railway, Allahabad jointly passed an order on 28.10.2003 to give 50% pension of the Petitioner's husband. On 17.2.2006, this Court stayed the operation of the order dated 28.10.2003, making it clear that the Petitioner -husband shall be liable to pay maintenance as was being paid and deducted from his pension before passing of the order.
(3.) WE are informed that a Criminal Revision No. 3505 of 2005, arising out of the proceedings under Section 127 Code of Criminal Procedure for enhancement of the maintenance, is still pending in this Court.;