POME Abhijeet Singh vs UOI & Others on 9 September 2026

**ORDER**

**09/09/2026**

1. When the matter was taken up for hearing today, Counsel for the Applicant emphatically reiterated that the main grievance of the applicant in this matter is that the maintenance allowance was granted to the estranged wife of the applicant by the Competent Authority, without taking into consideration all the cogent material facts that have been placed on record by the applicant including the Reply submitted by the applicant. Despite all the material having been placed before the Competent authority, the Naval authorities passed the order dt 27/2/2026 arbitrarily and unjustly. Per contra, Counsel for the Respondent No 5, ie, Smt Raksha Kanwar, estranged wife of the applicant herein, submits that the applicant has no cause of action in this matter any longer as the Hon'ble Tribunal has already passed an interim order, staying the Order of the Naval authorities granting maintenance allowance to the estranged wife of the applicant vide their Order No DL/0965/1185 dated 27/2/2026. She further prayed that since the applicant's wife has been forced out of the home of the applicant, she has no means of subsistence and the stay order passed by this Tribunal be vacated.

2. We have heard the counsels for the parties and considered all the material facts placed on record in this matter.

3. It is evident from the material on record that after hearing the matter at length and having been convinced with the genuineness of the plea of the applicant, this Tribunal, vide Order dated 17/8/2026, has stayed the Order dated 27/2/2026, passed by the competent authority in granting maintenance allowance to Smt Raksha Kanwar, estranged wife of the applicant herein, while the maintenance allowance to the legitimate daughter of the applicant, as admissible in terms of extant rules/policy on the subject, who is staying with her would continue for her sustenance.

4. In view of the foregoing and having considered the material placed on record, we deem it appropriate to remit the case back to the competent Naval authorities to decide the matter de novo after taking all the material facts placed on record by both the parties. Further, both the parties are at liberty to file their reply, counter reply in support of their respective claim before the competent authority within one month. If so desired, both the parties may appear before the Naval authorities to put forth their respective stand in this matter in person as well. We expect the Competent Authority to take a considered decision in this matter after taking into consideration the entire gamut of the issues involved and in particular the adulterous life of the estranged wife of the applicant, as has been placed on record by the applicant, and pass a reasoned order within a period of four months from the date of receipt of submissions/reply from the parties.

5. The OA is disposed off accordingly. Before departing, we make it amply clear that Maintenance Allowance to the daughter of the applicant, who is staying with the estranged wife of the applicant shall continue uninterruptedly as has been directed by this Tribunal vide Order dated 17/8/2026. The estranged wife of the applicant is also directed to approach Family Court for grant of maintenance allowance, if so desired, as the maintenance allowance, if any granted by Naval authorities after considering all aspects of the matter, would only be an interim arrangement.


6. No order on costs. Pending application, if any, also stands disposed off.

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संयुत

(SANJIV MITTAL) MEMBER (A)

cda/-

अधि (GOVERDHAN BARDHAR) MEMBER (J)