Major Karamat Ali Khan vs UOI & Others on 22 August 2025

**ORDER

22/8/2025**

1. 1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for stay on Impugned Order dated 16/8/2024, Annexure A/29, on the strength of grounds taken in the OA with all consequential benefits throughout. He has also prayed that an order restraining the Respondents not to credit the amount of maintenance to the bank account of the Respondent No 5 in the meantime and during pendency of the OA and that an order directing the Respondents to wait for the outcome of the case filed under DV Act and Section 125 CrPC for maintenance and hold the operation of Order dated 16/8/2024. Alternatively, he has prayed that the ibid Order with regard to maintenance allowance be kept in abeyance in view of the aspects highlighted in the OA till the time the matter is finally decided by the Hon'ble Tribunal. As an interim measure, the applicant has also prayed that no deduction under the Impugned Order, vide which the maintenance allowance was granted to the wife of the applicant be made from the salary of the applicant or to keep the order of maintenance allowance in abeyance. Also, the Respondents be directed to act upon the letter Annexure A/30, expeditiously in a time bound manner so as to ensure that the applicant receives his legitimate entitlement of Children Education Allowance on time.


2. Brief facts of the case as enunciated by the applicant are that the applicant was commissioned in the Indian Army as a Lieutenant on 13/6/2015 and got promoted to the rank of Major in due course. He is a law abiding citizen of India and is serving currently as a Major in the Army. His character has been exemplary and there is no punishment ever recorded in his service dossier. The marriage of the applicant with the Respondent No 5 was solemnised as per Muslim Law and out of this wedlock two girls, namely, Aalia Khan (Dob 08/6/2009) and Humaira Ali Khan (DoB 14/9/2018) were born. From the very beginning, the behaviour and conduct of the Respondent No 5 towards the applicant and his parents was very cruel and was not bona fide and she used to fight and quarrel with the applicant regularly as and when he would come on leave. She became a nuisance and trouble for him. She was only interested in grabbing the movable and immovable properties and the salary of the applicant. After some time, the Respondent No 5 started living separately from the applicant with her parents without any sufficient cause and thereafter never came back to join her matrimonial obligations. Fed up with the marital discord with the Respondent No 5, the applicant as per Muslim Law sent three Talaqnama to his wife on 06/6/2022, 14/7/2022 and again on 30/12/2022 and they all reached it destination which is clear from the Tracking Record of the communications sent, Annexure A/1. A Talaq certificate from the Mufti, Jaipur dated 10/1/2023, Annexure A/2 and all these documents were also submitted to the Respondents, Annexure A/3. During this time, the Respondent No 5 wrote letters to the army authorities for grant of maintenance allowance to her, but no cognisance was taken on it. When the divorce between the applicant and the Respondent No 5 was completed and closure was recommended, the applicant got remarried to Ms Shamshad Khan, aged 36 years under Muslim Customary Law on 27/6/2023 and they are now blessed with a child, Hamza Ali Khan on 08/7/2024. Meanwhile, the Respondent No 5 simultaneously applied for maintenance allowance in the Civil Court, Pali, Rajasthan under Section 125 of the CrPC on 04/8/2023 the fact of which came to the light of the applicant much later, Annexure A/11. A case of domestic violence was also filed by her against the applicant on 05/8/2023, Annexure A/12. In this case also she asked for the maintenance to herself and the daughters. The Applicant was also made liable to pay maintenance to his mother, Smt Saira Bano, @Rs 25,000/- pm as ordered by the Hon'ble Family Court No 2, Jodhpur, Rajasthan, Annexure A/13. The Respondent No 5 thereafter through an Affidavit dated 01/9/2023, Annexure A/14, in which all sorts of vague allegations were made without any substance against the applicant and his family which is a subject matter before the Civil Court of competent jurisdiction. She gave details of the cases filed by her in the Civil Court but intentionally concealed the fact that she had already filed a case of maintenance on 04/8/2023, Annexure A/11, before the Civil Court so as to get maintenance from the Army authorities which is not permissible in the eyes of the law and also amounts to filing a false affidavit and she should not have been granted maintenance on this ground alone. Despite this, the Respondents have passed an Order dated 16/3/2024, Annexure A/18, vide which Maintenance @25% to the daughters was granted, which was objected to and later challenged by the applicant before this Hon'ble Tribunal vide his OA No 155/2024. The applicant further submits that he had paid the school fees of his two daughters and also a sum of Rs 2,00,000/- (Rupees Two Lac only) to Respondent No 5 which was not denied by her, but the authorities failed to deduct these amount from the maintenance granted to the Respondent No 5 and also failed to consider that the applicant did not fail to maintain his daughters and he is ready to pay a reasonable percentage from his salary so that he too can survive as he has re-married with a wife and a child as also paying maintenance to his mother. The applicant further submits that the Army Order 06 of 2020/AG/DV has no legal sanctity and the same is not in the nature of the rules framed under Section 191 of the Act nor has it been laid before the Parliament in terms of Section 193 A of the Army Act rather it runs contrary to the provisions of the Act in so far as it says that the authorities under the Act have concurrent jurisdiction alongwith Civil Court to adjudicate the claim for maintenance to the wife/wives and children. He further submits that there is no policy in the Army which has the mechanism to come to the conclusion and to assess as to how the maintenance is to be given and divided amongst many stakeholders, like in this case there is mother, ex wife asking maintenance and his daughters, his present wife and newly born child. Hence, these cases should be decided by the Civil Court only which has the mechanism and wherewithal to deal with such cases as has also been suggested and recommended by the expert committee. Civil courts can receive evidence and decide but the Army authorities just ask for one affidavit and grant maintenance even if the affidavit is false like in this case. He also submits that he has been depositing school fees for his two daughters, but under pressure from the Respondent No 5 the Children Education Allowance certificate in respect of his daughters' school fees is not being issued by the concerned school which has been brought to the notice of the Respondents but no action has been taken on this request. Having been aggrieved, the applicant has filed this OA praying for relief.

3. The Respondents have filed a Reply Statement. While not disputing the basic facts, the Respondents have submitted that the wife of the applicant, Ms Neelu Khan, vide her complaints dated 09/2/2023 and 17/2/2023 has accused her husband of illegally divorcing her and not providing financial support to her and their daughters and, hence, demanded maintenance support from her husband, Major Karamat Ali Khan. The applicant claimed that he has given divorce to the lady as per Muslim Law and obtained Talaq/divorce certificate dated 10/1/2023 from Mufti, Jaipur, and an affidavit of Talaq/divorce notarised and attested by Notary, Central, Kota, Rajasthan. Mrs Neelu Khan filed Civil Suit No 35/2023 dated 10/4/2023 in the Family Court, Pali, Rajasthan for nullification of divorce and the matter is currently sub judice. Mrs Neelu Khan, vide her affidavit No BN 027807 dated 01/9/2023, has affirmed her

unemployment status, lack of source of income and non possession of any moveable/immovable property in her name. The couple has been residing separately since 10/10/2022 and the lady is staying with her parents. Her highest educational qualification is Bachelor of Arts, Bachelor of Education (B Ed) and REET. During the pendency of the subject matter and before publication of Part II Order of divorce, the applicant, Major Karamat Ali Khan, got re-married to Mrs Shamshad Khan on 27/6/2023 as per Marriage certificate submitted by the applicant. Respondents further submit that Mrs Neelu Khan, the Respondent No 5, has filed a total of six cases against the applicant at the Civil Court inter alia, for nullification of divorce, grant of maintenance allowance to her as also under Domestic Violence Act. As the legal status of the marriage/divorce in respect of the warring couple was disputed and subjudice at present, it was decided by the competent authority to process the case for grant of maintenance allowance in respect of their two children only. Accordingly, a Show Cause Notice dated 14/11/2023 was issued to the applicant calling upon him to show cause as to why maintenance allowances should not be granted to his children from his pay and allowances. In response to the Show Cause Notice, the applicant vide his letter dated 20/12/2023 has stated that he has given divorce to Mrs Neelu Khan on 10/1/2023 and has also stated that he had no issue in granting maintenance allowance to his two daughters who are staying with his ex wife. It has also been intimated by the applicant that Mrs Neelu Khan is well qualified and is earning Rs 40,000/- pm from tuitions and also have ancestral property and is getting Rs 15,000/- pm as rental income but the same was unsubstantiated and could not controvert the averments made by his wife on an affidavit. The Competent Authority after due deliberation and examining the facts and circumstances of the case and the educational qualification and monetary status of Mrs Neelu Khan, alongwith financial liabilities of the applicant, granted maintenance allowance to the two children of the applicant @12.5% each vide letter dated 16/3/2024 in accordance with Army Act Section 90 (i) and Army Order 06/2020/AG/DV. Further, vide Application dated 01/4/2024, the Applicant requested for reconsideration of maintenance allowance granted to his two children citing his financial liabilities on various fronts which were not raised by him in his reply to the show cause notice. When the issue was under process, the applicant challenged the maintenance allowance in this Bench and at the time of hearing the matter, the applicant had abandoned his claim against maintenance allowance and the Hon'ble Tribunal vide Order dated 27/5/2024 directed the competent authority to decide the application of the applicant expeditiously. Thus the case was reconsidered by the competent authority and grant of maintenance allowance to his children was altered @ 10% to each daughter from the earlier grant of 12.5% wef 01/4/2024, ie, from the date of his application, vide letter dated 16/8/2024. Respondents have also raised objection to the fact that the applicant had not arraigned his daughters as parties in the OA, who are also necessary parties in the whole issue and, therefore, the OA is liable to be dismissed for non joinder of necessary parties. Further, the applicant in his reply dated 20/12/2023 to the show cause notice gave his consent to grant maintenance allowance to his daughters and thus, he is estopped from raising a claim against the order dated 16/3/2024 or the order dated 16/8/2024, whereby quantum of maintenance allowance was altered. Also, the applicant has deliberately suppressed the material fact that the alleged divorce given by him to his wife was challenged by his wife before the Court of Law on the ground that the same was not validly given as required under the Muslim Personal Law and is sub judice. With regard to issue of Children Education Allowance documents to enable him to claim the reimbursement, which were not issued to him at the behest of his wife by the Principal of the School, the Respondents submit that they cannot issue any direction to the authorities concerned to issue as the person who is not subject to Army Act is not within the parlance of official Respondents. The issue is also pending with the Larger Bench of the Armed Forces Tribunal, Principal Bench, in OA No 1487/2018 in the case of TWO SK Sahay Vs UOI & Ors and no order stopping the exercise of the power to grant maintenance allowance under Army Act Section 90 (i) and 91 (1) has been passed by the Hon'ble Court. The power to grant maintenance allowance under any law, ie, under Section 125 of CrPC, Section 25 of DV Act and Section 24 of Hindu Marriage Act are independent of each other, which was also explained by the Hon'ble Apex Court in Para 56 of its Judgment in Rajnesh Vs Neha, 2021 (2) SCC 324, guidelines of which were also kept in mind while considering the case of the Respondent No 5 in granting maintenance allowance to the children. Similarly, the power under Army Act Section 90 (i) and 91 (i) are also independent of powers vested with the Hon'ble Courts under the aforesaid provisions.

In view of the narration herein, the Respondents have submitted that the relief sought by the applicant herein in his OA lacks merit and, thus, the applicant is not entitled to get any relief from the Hon'ble Tribunal and the OA is liable to be dismissed with cost.

4. During the course of hearing, Counsel for the applicant has placed on record a copy of Order dated 31/7/2018 passed by the Chandigarh Bench of the Armed Forces Tribunal in OA No 1229 of 2017 in the case of Major Amit Kumar Mishra Vs UOI & Ors, wherein it was held that Army authority's Order for grant of maintenance allowance to the wife of the applicant was without jurisdiction and unsustainable and, accordingly, the same was quashed.

5. We have heard the counsels for the parties and perused the material placed on record.

6. It is evident from the record that the applicant, who is a major in the Army, got married to Ms Neelu Khan on 22/6/2008 as per Muslim Rites. Two daughters, viz, Miss Aalia Khan and Miss Humaira Ali Khan were borne to the couple out of their wedlock. Owing to the marital discord between the couple and alleging callous, apathetic and reprehensible behaviour on the ground of the wife of the applicant living separately with her parents, the applicant unilaterally took the extreme step of divorcing his wife through Triple Talaq in 2022 for which he had also obtained Talaq/divorce certificate dated 10/1/2023 from the Mufti, Jaipur. However, it is a fact that the concept of Triple Talaq has since been done away with and declared illegal. An affidavit of Talaq/divorce notarised and attested by the Notary, Central Kota, Rajasthan has also obtained by the applicant. Post his divorce from Ms Neelu Khan, the applicant got married for the second time with Ms Shamshad Khan on 27/6/2023. Subsequent to this, Mrs Neelu Khan, has filed Civil Suit No 35/2023 before the Family Court, Pali, Rajasthan, praying for nullification of divorce and she has also filed various Suits at the competent court for grant of maintenance allowance to her, which is pending for adjudication. Based on the Representation and the Affidavit submitted by the Mrs Neelu Khan, describing her financial difficulty in looking after herself and the daughters, and on the affirmation of the Applicant about the entitlement of maintenance of his daughters in the Reply submitted by him in response to the Show Cause Notice issued to him, the Competent Authority after taking into consideration the entire gamut of issue involved as also the pros and cons, particularly the precarious financial status of the estranged wife and the innocent children, has granted maintenance allowance @25%, ie, 12.5% to each daughter of the Applicant. It is prudent to observe that No Maintenance Allowance or subsistence allowance has been granted to the estranged wife of the applicant. Further, based on the Application dated 01/4/2024 submitted by the Applicant for reconsideration of maintenance allowance granted to his children and on the direction dated 27/5/2024 issued by this Tribunal in his earlier OA, the Competent Authority has reconsidered the issue and revised the maintenance allowance granted to children from the then @ 12.5% to each daughter to @ 10%, totalling a grant of 20% for maintenance of both the daughters, from the pay and allowances of the Applicant wef 01/4/2024 in terms of Army Order 06/2020/AG/DV, issued by the Chief of the Army Staff and promulgated by Adjutant General's Branch, IHQ of MoD (Army), vide letter dated 16/8/2024. The Order granting maintenance allowance mandates that it shall continue till such time the children get married or gain employment or till Major Karamat Ali Khan is discharged/retired from service or the death of any of them, whichever is earlier. The Applicant is an enlightened officer of the rank of Major in the Army and he has an obligation to look after his two daughters born out of his wedlock with the now estranged Mrs Neelu Khan and, therefore, we find no infirmity or illegality in the action taken by the Respondent Competent Authority in granting maintenance @20% to them for their sustenance as the legitimate daughters cannot be left in lurch or to leave them to fend for themselves. While we are abreast that due to societal transformation and other myriad reasons, discord between the married couples with or without offsprings do occur and in some case they do get separated. In this unpleasant ego clash, the innocent children get entangled in the fight between the warring couples. Under the circumstances, the Organisation has a duty to take a pragmatic decision to help out the wife, who will be at the receiving end at most of the time, by way of granting an allowance for their sustenance. Towards that end, the Army HQ has issued a comprehensive policy on the subject to be followed while considering requests for granting maintenance allowance to the wife/children based on the concerned lady's submissions. It is all the more necessary as the Civil Suit filed by the wife of the applicant at the competent court has so far not been finalised and no maintenance allowance has been granted to the lady. In view of this, we do not find any ground to interfere with the decision taken by the Competent Authority in granting maintenance allowance to the now unilaterally divorced wife of the applicant to take care of the needs of their children. The prayer of the applicant, therefore, for quashing the Order granting maintenance allowance to the legitimate children of the Applicant has no merit and is rejected.

7. As regards the contention of the applicant that Army authorities have no jurisdiction to grant maintenance allowance and they must wait for a suitable order from a Civil Court before effecting any recovery from the salary of the applicant for the purpose of maintenance allowance, it may be mentioned that the provision of Army Order 06/2020/AG/DV and the relevant sections of the Army Act are independent of the provisions relating to grant of maintenance allowance under Section 125 Cr PC or other statutory provisions and the Army authorities have acted in consonance with such provisions. Moreover, it is an interim arrangement only till the verdict of the Civil Court is pronounced as the Order of competent court of jurisdiction will prevail thereby superseding the order of the Army authorities, as and when so delivered.

8. Further, in terms of Muslim Women (Protection of Rights on Marriage) Act, 2019 also known as the Triple Talaq Act, the Triple Talaq in any form is illegal and void with upto three years in jail for the husband who commits such an act and this is a non-bailable offence. Under this new Law, an aggrieved woman is entitled to demand maintenance allowance for her dependent children. As the applicant being a Major in the Army has indulged in an unlawful activity by way of taking recourse to Triple Talaq and marrying for the second time during the subsistence of his first marriage, the Respondents are also directed to take necessary action against the applicant as he has committed an offence under the Act, since the competent court has so far not granted divorce between the applicant and his wife, and a Member of the Armed Forces cannot be expected to commit plural marriage as per Army Rules during the subsistence of his first marriage until and unless a decree of divorce is granted by the competent court.

OA No 382 of 2024 filed by IC-80353L Major Karamat Ali Khan Khokhar

- 9. The OA is dismissed. No order on costs.

- 10. Pending application, if any, also stands disposed off.

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**(SANJIV MITTAL)** **MEMBER (A)**

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

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