Armed Forces Tribunal
Smt Saroj Saini wo Hav Samander Singh Saini (Army) vs UOI & Others on 5 March 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
9.
**OA 24/2022**
**Smt Saroj Saini, w/o Hav Samander Singh Saini, (38 years), Resident of village Bri Singh Was Dehra, Post Bhudoli, Tehsil Neem Ka Thana, District Sikar, Rajasthan**
.... Applicant
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1. 1. UOI, through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 011
2. 2. The OIC Records, Records The Madras Regiment, Wellington, Coonoor, Nilgiris, Tamil Nadu – 643 231
3. 4. The Commanding Officer, 172 Inf Bn (TA) Madras, PIN 911 372, c/o 56 APO
4. 5. The PCDA (P), Prayagraj, UP – 211 014
5. 6. Hav Samander Singh Saini, 172 Inf Bn (TA) Madras, PIN 911 372, c/o 56 APO
.... Respondents
**For Applicant**
: Ms Anjali Minocha, Proxy for Ms. Savita Singh, Advocate
**For Respondents**
: Mr. Brij Bhari Sharma, Advocate (R1-4) : Mr. Advocate (R-5)
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J) HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant, who is the wife of a serving soldier, viz, Lance Havildar Samander Singh Saini, has filed this OA with the following prayers :-
1. (a) That the Application of the Applicant be allowed and she be paid Maintenance Allowance wef 16/12/2011 when her husband had solemnized second marriage as per rates stipulated in Army Order No 2/2001, ie, 22% emoluments to the applicant and 5.5% each to her sons, totaling 33% share from the gross emoluments of the husband of the applicant; (b) On retirement of Hav Samander Singh Saini, her husband, due share part or full in the pension including commuted value, gratuity, Provident Fund and the AGI Share entitled to her husband, as deemed appropriate by the Hon'ble Tribunal be ordered to be paid to the applicant;
(c) Necessary disciplinary action be taken against her husband while he was subject to Army Act by entering into bigamy on 16/12/2011 while in service.
(d) Any other relief, which the Hon'ble Tribunal thinks just and proper in the matter be also granted to the applicant and 
(e) As an interim prayer, the applicant has also prayed that the Respondents be directed to suspend payment of retiring pensionary benefits to her husband till decision on the OA by the Hon'ble Tribunal.
2. During the course of hearing, Counsel for the Respondents submits that the Husband of the Applicant, i.e. the Respondent No 5, in this matter, has already been discharged from service way back in 2022 and, hence, the OA is not entertainable by this Tribunal.
3. In view of the foregoing and since the husband of the applicant is no more in Army service as he was discharged from service in the year 2022, this OA is not maintainable and is, therefore, dismissed. However, the applicant shall be at liberty to approach any other appropriate forum with her prayer for redressal of her grievances.
4. No order on costs.
Sd+xxx
**(SANJIV MITTAL)** **MEMBER (A)**
cda/-
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**(GOVERDHAN BARDHAR)** **MEMBER (J)**