Sunil Ambwani, J. - (1.) Heard Major R.D. Singh (Retd.), learned counsel for the petitioner and learned Additional Standing Counsel for Union of India.
(2.) The petitioner, recruited in Indian Army, 39 Gorkha Regiment, is presently serving at 4/9 GR. C/o 99 APO, 39 Gorkha Regiment Centre, Varanasi. By this writ petition, he has prayed for a writ of certiorari quashing the order dated 22.2.2004 passed by Major S.K. Yadav, Officiating Col. A.(D&V) for GOC-in-C, Headquarters, Northern Command, according sanction for deduction of 22 % of pay and allowance of the petitioner and its payment to his wife Smt. Kamla Devi Dhakal, for her maintenance beginning from 28.5.2003 till her marriage with the petitioner subsists or till her death and for recovery for arrears not to exceed 50% of the pay and allowances per month. The order has been passed in exercise of the powers under Section 9l(i) of the Army Act 1950 read with Army Rule 193 as amended.
(3.) Brief facts giving rise to this writ petition are that Smt. Kamla Devi Dhakal, resident of Dhullu Banskot-4, P.O. Dharmsala Liuwa, District Baglung (Nepal) made a representation to Commanding Officer 4/9 Gorkha Rifles that she was married to the petit inner according to Hindu rites on 2038.11.1.5BS (02 Marl982AD). The petitioner has not looked after her from the very beginning of marriage. He has entered into a second marriage on 2046.10.11 BS (26 Jan 199()(AD) without her consent and approval. She had applied earlier without any response for payment of maintenance. She has no source of livelihood. She also requested to record her name as legally married wife of petitioner in his service document. Smt. Kamla Devi Dhakal enclosed a letter issued by Khadgkot G.V.S. certifying the marriage, a letter stating non-maintenance of the wife of the petitioner, a letter dated 2055/11/16 B.S. by District CDO Gulmi certifying relationship between her and the petitioner, and the Citizen Card issued to her byCDO.GhilmL;