Armed Forces Tribunal
Smt Gajala Khan wo Nk Moseen Khan vs UOI & Others on 27 January 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
4.
OA 541/2023 with MA 197/2025
Smt Gajala Khan, W/o Nk Moseen Khan
…. Applicant
Versus
UOI & Others
…. Respondents
For Applicant
: Mr. Sunil Kumar, Advocate
For Respondents
: Mr. Sudesh Chand Sharma, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
27.01.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant Maintenance Allowance to the applicant wef the date of application as provided in Section 91 of the Army Act, 1950, (Act 46 of 1950) and the arrears be paid to the applicant alongwith interest !12% per annum.
2. During the course of hearing, Counsel for the applicant submits that the application submitted by the Applicant praying for grant of maintenance allowance to her has been pending before the competent authority wef the year 2023 and prayed for directing them to expedite grant of the same. Contra, counsel for the Respondents submits that concerted efforts have been made by the army authorities to reconcile their differences that had arisen between the warrying couple, but the applicant has shown no willingness to live with her husband despite allotment of a suitable married accommodation to the husband of the applicant by the army authorities. Moreover, an application for restoration of conjugal rights filed by the husband of the applicant was decided by the competent Court vide it Order 17/8/2023 wherein ex parte order in favour of the husband of the applicant
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owing to non appearance of the applicant before the Family Court on various occasions.
3. During the course of argument, Counsel for the Applicant seeks permission to withdraw this application with permission to pursue the matter of the applicant before the competent authority. Permission sought for by the counsel for the applicant is allowed and the OA is dismissed as withdrawn with liberty as sought for.
4. File be consigned to record. We make it clear that in case the applicant approaches the competent authority with whom her application for grant of maintenance allowance is pending, the same shall be decided expeditiously in accordance with rules and regulations on the subject.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
cda/-