Armed Forces Tribunal
Major Karamat Ali Khan vs UOI & Others on 2 December 2025
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
13.
RA 11/2025 with MA 399/2025 in OA 382/2024
Maj Karamat Ali Khan
…. Applicant
Versus
UOI & Others
…. Respondents
For Applicant
: Mr. Brijesh Kumar, Kamal Singh,Advocates For Respondents : Mr. Brij Bihari Sharma, Advocate (R1-4)
Mr. Yogendra Singh, Advocate (R5)
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
02.12.2025
1. Counsel for the applicant has filed this Review Application, praying for recalling of Order dated 22/8/2025 passed by this Tribunal in OA No 382/2024 in the case of Maj Karamat Ali Khan Vs UOI & Ors, to the extent that directions/observations contained in Para 8 of the Order may kindly be expunged/deleted/set aside in the interest of justice on the strength of the grounds taken in the Review Application under the facts and circumstances of the case. He has also prayed for grant of any other order or direction which this Tribunal deems fit and proper under the circumstances.
2. We have heard the counsels for the parties and perused the material placed on record.
3. Perusal of record reveals that OA No 382/2024 filed by Major Karamat Ali Khan, a serving Army Officer, praying for stay of Impugned Order dated 16/8/2024 passed by the Army authorities granting relief of Maintenance Allowance @20% from the pay and allowances of the applicant to his estrantged wife, Mrs Neelu Khan, for maintenance of her two daughters. The case of the applicant was adjudicated by this Tribunal and vide Order dated 22/8/2025 plea of the applicant was dismissed. Besides dismissal of the applicant, this Tribunal also directed the Respondents to initiate necessary disciplinary action against the applicant as he had committed an offence under Muslim Women (Protection of Rights on Marriage) Act, 2019 by indulging in unlawful activity by way of taking recourse of Triple Talaq and second marriage during the susbsistence of his first marriage as cited at Para 8 of the ibid Order as the divorce of the applicant was not decreed by a competent Court of Law, which is contested by him through the Review Application. The estranged wife of the applicant has filed civil suit before the competent court, Pali, which is sub judice.
4. The Review Application has been heard in the past and in complance of directions, the Respondents have filed a Reply Statement to the RA on 01/12/2025. Vide Reply Statement, the Respondents have stated that the Learned Judicial Magistrate First Class, Pali, Rajasthan, vide Order dated 24/7/2024, Annexure A/2, has only taken cognisance of offences punishable u/s 498A, 406 and 323 IPC, but has not taken cognisance u/s 3/4 of the Muslim Women (Protection of Rights on Marriage) Act 2019. In view of the said judgment, the restraint expressed by the learned Judicial Magistrate, Pali, the direction contained in Para 8 of the Tribunal’s Order requires to be suitable modified, as any action on that basis would be premature and contrary to the settled principles of law that when a matter is sub judice, parallel disciplinary proceedings on the same cause of action ought to be kept in abeyance. Therefore, the Respondents prayed for modifying the Order passed by this Tribunal to the extent to take action keeping in mind the observation given by the learned Judicial Magistrate, Pali against the applicant in the interest of justice.
5. During the course of hearing, Counsel for the Respondent No 5 has vehemently argued that the RA is not maintainable and moreover, a copy of the RA has also not been supplied to him by the Counsel for the Applicant. Thus, denying him an opportunity to hear her viewpoint. Contra, Counsel for the applicant submitted that the applicant has not committed any error or wrong doing on his part and he has re-married after divorcing his first wife through a valid Triple Talaq.
6. Having heard and perused the record, in the instant matter taking overall facts and circumstances of the case, it is ordered that in case the Respondents propose to initiate any disciplinary action against the applicant, it is expected that the Respondents shall not be influenced with the observations made by this Tribunal in Para 8 of Order dated 22/8/2025. Respondents are at liberty to deal with the matter independently as per the facts placed on record in accordance with rules/policy on the matter.
7. The RA is disposed off accordingly.
8. File be consigned to record.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
cda/-