Divorce
jaminder s bibra
(Querist) 18 September 2018
This query is : Resolved
REPOSTED SINCE FIRST POST WAS AS ANONYMOUS AND DID NOT FIND FAVOR WITH CERTAIN EXPERTS
dear sir --i got married in 1995 under Sikh rites at chandigarh-- due to some problems now i have taken up a case for mutual divorce ---my inlaws have not replied but as a counter have sent a letter to GOC Southern Command Pune to deduct maintenance allowance and give it to there daughter since soninlaw is alcoholic; psychotic, diabetic, looks after only his elderly mother staying with him and does not have time for wife or child----
i have contacted a few lawyers for advise---- the maximum advice is that my marriage comes under prohibition since my mother and mother in law are real sisters -------the lawyer has advised to file a case for nullity of marriage--------------thus there is no question of divorce or of maintenance allce --please advise -----------
--i have selected to file case at chandigarh since the marriage was conducted in chandigarh and also since it is the permanent residence of my wife and her parents--so better to do everything in chandigarh--otherwise presently i am posted in chennai--could have started the case from here being the last station from where the husband and wife were cohabiting but i may get transferred tomorrow so problem may arise therefore chandigarh is a better choice--since chennai is under southern command hence GOC SC is applicable --but i feel there is a caveat that army offrs are under GOC SC only for discipline and not for family matters--this is because i am no longer in the army but in DGQA Dte Gen of Quality Assurance a civ org since last 16 years--that is i was permanently seconded or absorbed from Army into DGQA after 14 yrs of service as a Major--service offrs serving in DGQA are under the army authorities only for disciplinary action--administrative requirements like accomodation are met by the Ordnance Factories where we are posted at present in Chennai/Avadi it is met by Heavy Vehicles Factory where i am a Joint Controller--another caveat is that recently on 31 Jul 2018 AFT Chandigarh have passed judgment that army auth will not interfere or cut pay of service offrs unless ordered by a civil court since army does not have the resources to go into the details of such matters--Colonel Naresh Kohli Retd was the advocate from Chandigarh who was able to get this judgment--i am trying to get in touch with him but do not have his contact details--in case the contact details can be fwd i would be grateful since first priority is to close the case from army side then proceed for mutual settlement etc
please advise
regards
Guest
(Expert) 18 September 2018
Dear Jaminder S Bibra,
Your earlier query did not give any hint about your having been deputed and absorbed in DGQA. Even in your present query, you have also not made clear whether the same army rules apply to you, while in DGQA also, or some other rules, and whether your salary is still drawn by the army authority or the present department, if permanently absorbed. If some other central service rules are applicable, I don't think the matter would lie under the jurisdiction of the GOC SC.
However, I may point out to you that even if your salary is still drawn by the army authorities under the army rules, the authorities cannot be expected to invoke army rule for maintenance of wife, if the representation is made by someone else, other than your wife.
However, it may be beneficial for you to have threadbare discussion about ins and outs of the case by taking personal appointment with some talented expert having sound knowledge of service laws in addition to the family laws, as communication gap, if any, remains there due to exchange of piecemeal information and casual type of queries and supplemental posts may probably not help you much.
jaminder s bibra
(Querist) 19 September 2018
@Dhingra
thank you
application of army rules is a grey area at best--
example AFT does not take up cases of army offrs permanently in DGQA and similarly CAT does not entertain army offrs from DGQA--
this has happened with me personally in a service matter--
Guest
(Expert) 19 September 2018
If CAT does not take up cases of Army Officers absorbed in DGQA and you want to file any application pertaining to service matters, you will have to approach the HC to file a case. But before filing any case, you must have more than sufficient evidence collected in your favour.
For any case pertaining to family laws, you will have to approach the family court. But still sufficient evidence in your favour should always be in hand to be produced in support of your case.
