A COMMITTEE OF EXPERTS APPOINTED BY THE DEFENCE MINISTER RECORDED THAT MATRIMONIAL DISPUTES WERE ESSENTIALLY PRIVATE CIVIL DISPUTES WHERE THE ARMY SHOULD NOT GET INVOLVED

CHANDIGARH : The Punjab and Haryana High Court has issued a notice of motion to the ministry of defence (MoD) on a petition by a serving army officer, Lt Col P Katal, for failure to effect the orders of the defence minister on rationalising grant of alimony to the wives of serving defence personnel.

The Army Act authorises ‘penal deductions’ for payment of maintenance to wives of personnel on their applications. The stipulation was not repealed even after inception of maintenance provisions in the Hindu Marriage Act since pay and allowances of defence personnel were immune from attachment by courts, thereby necessitating an enabling provision to give effect to maintenance orders by the civil courts.

However, over the years, the army started releasing maintenance to wives in matrimonial disputes on its own without court verdicts and through nonspeaking orders without any opportunity of hearing.

A committee of experts appointed by the defence minister, however, recorded that matrimonial disputes were essentially private civil disputes where the army should not get involved.

The panel noted that “the services do not have the wherewithal, capacity or ability to examine the veracity of allegations and counter-allegations made by both parties, which is basically a matter of evidence”, observing that such disputes must be dealt with by the civil courts. The committee added that such provisions could only be invoked in extraordinary circumstances where the individual was not complying with orders of a civil court for paying maintenance under the garb of immunity from attachment under the Army Act.

It was recommended that maintenance orders “must be preceded by some kind of inquiry related to the averments of the parties, and executed by way of a proper speaking order discussing all issues raised by both parties”.

The recommendation of the panel was accepted by the defence minister, who issued orders in August 2016 for promulgation of implementation of instructions within 45 days.

Lt Col Katal who has been saddled with maintenance allowance through a non-speaking order, has averred in his writ petition that despite lapse of 6 months, lower functionaries of the ministry have failed to effect the directions of the highest political executive, thereby not only jeopardising his rights and property, but also undermining the authority of the minister.

Air force corporal’s murder: Accused sent to police custody

The court of judicial magistrate on Saturday (first class) Karanbir Singh remanded air force sergeant Sulesh Kumar and his wife Anuradha in two-day police custody for allegedly murdering air force corporal Vipin Shukla, 27, at the Bhisiana air force station.

The police are yet to nab third accused, Shashi Bhushan, brother-in-law of Sulesh.

On Tuesday, the police recovered the chopped body of Shukla, a resident of Gonda in Uttar Pradesh, who was missing since February 8, from Sulesh’s official accommodation on Tuesday. The pieces of Shukla’s body were found stuffed in 16 polythene bags. A case under Section 302 (murder) had been registered against the accused.

Sulesh confessed to his crime on interrogation and claimed that the victim had illicit relations with his wife Anuradha. After discovering she was pregnant, Anuradha asked Shukla to marry her but he refused. He had also been spreading details of their relationship among other employees. Thus, Anuradha, with her husband and brother, hatched a conspiracy to kill Shukla , the police said. On February 8 , Sulesh called Shukla to help him pack as he was to change his residence, then attacked him with an axe, killing him. He then packed his body in a box and took it to his new accomodation , the police said.

On February 19, Sulesh cut the body into pieces and packed it in 16 polythene bags. He put some in the wardrobe and the others in the refrigerator