Armed Forces Tribunal
Nk Rajendra Kumar Jat vs UOI & Others on 9 March 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
9.
**OA 231/2025**
**Army No 3206195Y Naik Rajendra Kumar Jat, S/o Shri Kalyan Sahay Jat, Resident of Village Akela Chod, Post Bhatto Ki Gali, Tehsil Jahota, District Jaipur, Rajasthan – 303 701, presently posted at 19 JAT**
.... Applicant
**Versus**
1. 1. UOI, through the Secretary to the Govt of India, Ministry of Defence, South Block, New Delhi
2. 2. The GOC-in-C, HQ South Western Command, mc/o 56 APO
3. 3. The OIC Records, Records The Jat Regiment, PIN 900 496, c/o 56 APO
4. 4. The Commanding Officer, 19 JAT Battalion, c/o 56 APO
5. 5. Smt Sarita Devi, wife of No. 3206195 Nk Rajendra Kumar Jat, Daughter of Shri Laxmi Narayan, presently residing at Village Kacholiya, Post Jaitpura, Tehsil Chomu, Jaipur
.... Respondents
**For Applicant**
**For Respondents**
**: Mr. Chetan-Khandal, Advocate
Mr. Pyare Lal, Advocate (R1-4)
Mr. Sunil Kumar, Advocate (R5)**
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER**
**09.03.2026**
1. Under Section 14 of the Armed Forces Tribunal Act-2007, the applicant has filed this OA with the following prayers after perusal of entire record of the applicant by the Hon'ble Tribunal relating to his case :-
1. (a) Quash and set aside the impugned administrative order/deduction dated 27/3/2025, passed by the Respondent authorities under Army Order No 06/2020/AG/DV, whereby 22% of the applicant's salary has been ordered to be deducted and paid as maintenance allowance to the Respondent No 5, ie, wife of the applicant, without legal justification or adherence to due process; (b) Direct the Respondents to immediately refund the amount already deducted from the applicant's salary under the said impugned order;
(c) Hold and declare that the Respondent No 5, wife of the applicant, is not entitled to claim any ad interim maintenance allowance from Army authorities as she is financially independent, self employed and possesses substantial immovable and movable assets from which she earns a regular monthly income and thus not a "dependent" under Note 22(a) of Section 90 (1) of the Army Act and (d) As an interim relief, the applicant has prayed that during the pendency of the OA, the effect and operation of Order dated 27/3/2025 may kindly be stayed.
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2. While the Respondents have not filed their Reply Statement in this matter, perusal of material on record reveals that vide Order dated 27/3/2025, General Officer Commanding in Chief, HQ Southern Command has granted maintenance allowance @22% pm from the pay and allowances, to include Basic Pay, Military Service Pay, Dearness Allowance and Technical Allowance, if applicable, of the applicant in favour of his legally wedded wife, Smt Sarita Devi, for her maintenance, commencing from the date of receipt of initial application for maintenance submitted on 12/7/2024 by her. The said maintenance allowance was granted to the lady taking into consideration the entire issue involved between the warring couple in a holistic manner and based on the commanders in chain of the applicant herein who have recommended the same in accordance with Army Order No 06/2020/AG/DV. Moreover, the applicant has been unable to offer any justifiable explanation for not providing adequate financial support to his wife while it is his moral and legal responsibility to provide sustenance to his family. It has also been clarified that the grant of maintenance allowance shall be in operation for a period of three years from 12/7/2024, which implies that the maintenance allowance granted to the wife of the applicant shall cease wef 13/7/2027. Perusal of record further reveals that the applicant has also filed civil suit before the competent civil court at Jaipur, which is pending adjudication.
3. Since the interim maintenance allowance granted to wife of the applicant by the army authorities for a period of three years only as per extant rules/policy on the subject and a civil suit filed by the applicant against his wife is pending adjudication before the competent civil court, it is expected that the learned civil court shall take into consideration the maintenance allowance granted to the wife of the applicant for a period of three years commencing from 12/7/2024 while deciding the issue of Maintenance Allowance to the wife of the applicant. Therefore, we do not find it expedient to interfere with the decision arrived at by the competent authority taking into consideration the entire gamut of issues and taking a considered decision in granting maintenance allowance to the legally wedded wife of the applicant for a period of three years. The prayer, therefore, of the applicant for quashing and setting aside the impugned order has no merit and is rejected.
मन्यमद उपर
4. The OA is disposed off accordingly. No order on costs.
Sd/-xxx
**(SANJIV MITTAL) MEMBER (A)**
cda/-
Sd/-xxx
**(GOVERDHAN BARDHAR) MEMBER (B)**
 