Accepting the recommendations of an experts
committee, the Ministry of Defence has instructed the military authorities to
avoid ordering grant of maintenance allowance to estranged spouses from pay and
allowances of military personnel, saying civil courts are the right forum to
approach in such cases.
The MoD panel, set up last year, submitted its
report in February this year and its recommendations were accepted recently.
The panel had earlier criticised the defence services for passing such orders, especially
in Army, without due investigation and scrutiny.
The MoD has also accepted the recommendation that
the grant of maintenance by military authorities should be an exception and,
wherever awarded, should be preceded by a proper probe some kind of an inquiry
related to the allegations and counter-allegations of the parties and executed
by a proper speaking order.
The Army, Navy and the Air Force Acts provide
that the competent authority can impose a cut up to 33 per cent on pay and
allowances which can be paid to the spouse as maintenance on an application.
There has been a rise of litigation on the
subject in the past.
Recently, a Lt Col had averred his wife held a
doctorate and was also working in a real estate firm, but still was awarded
maintenance by the Army. Another officer complained his wife was an MSc and BEd
and earning a huge amount from tuitions while he had elderly parents to look
after, but still deduction of arrears of maintenance had resulted in
disbursement of more than Rs 30,000 to the wife per month. Another serving
Colonel stated he was being expected put his earnings at the disposal of his
wife who was fully qualified and competent to work and was actually working.
With growing matrimonial disputes, the number of
such applications has only increased in the last few years, especially with the
Army granting maintenance to the spouses on almost all applications through
non-speaking orders without providing reasons.
The MoD panel has observed that the exceptional
provisions are being invoked in a routine manner by defence authorities. It has
also found that the system does not have the wherewithal or ability to examine
the veracity of the allegations and counter-allegations of both parties, which
is basically a matter of evidence that can only be weighed and dealt with by
civil courts.
The panel has said that this exercise can only be
carried out under Section 125 of the Criminal Procedure Code and the relevant
Marriage Acts, rather than the defence services getting into what may fundamentally
be a civil or private dispute between a husband and his wife.
The panel has also observed that even the Army HQ
has expressed concern on the issue and that maintenance is meant to tide over a
difficult financial situation and not to lead life on someone else’s expense.
It has recorded that the award of maintenance results in grave civil
consequences for an individual wherein a cut is imposed on his pay.
The panel has stated that though defence
personnel have a bounden duty to maintain their families, such issues should be
left to courts to decide based on evidence.
Source: The Indian Express
