Stay against army act/aa section 90(i)
Guest
(Querist) 16 June 2015
This query is : Resolved
STAY AGAINST ARMY ACT/AA section 90(i)....advice
Hw to counter above ...an order passed to cut money from my salary on monthly basis under section 90(i) of AA
Guest
(Querist) 16 June 2015
Am a defense personal...My wife had approached commanding officer army!(Our divorce case is pending before court also her domestic violence case against me)...and he had passed an order to cut a sum of amount from my salary each month stating sec 90(i) of AA!!
In short how to counter INDIAN ARMY ACT section 90(i)?!....HELP
P. Venu
(Expert) 16 June 2015
The commanding officer is empowered under Section 90(i) of the Army Act to make such deductions. pending litigation in other courts under local laws is no bar for the wife or the children from claiming maintenance under the Army Act.
Guest
(Querist) 16 June 2015
Thanks @VENU...Sir what you stated is absolutely right.
What are my chances to counter the same/sec 90(i) of AA...what are my options...or is that final?!
THEN LAW HERE AGAIN FAILS...AS ANY WIFE GOOD/BAD CAN FOLLOW THE SAME...!@%!
Sudhir Kumar, Advocate
(Expert) 16 June 2015
practically no remedy as long as you are n Army.
you can move for appeal if you can prove that she is not abandoned/deserted wife.
Dr J C Vashista
(Expert) 17 June 2015
I agree with experts advise.
You are liable to maintain your wife, children and parents. When you did not provide them maintenance they have explored/availed the option to request your CO, who has rightly deducted and submitted part of your salary under S/90 Army Act, 1950, there is no illegality.
However, if you feel aggrieved you may file an appeal.
Guest
(Querist) 18 June 2015
"You are liable to maintain your wife, children and parents. When you did not provide them maintenance they have explored/availed the option to request your CO, who has rightly deducted and submitted part of your salary under S/90 Army Act, 1950, there is no illegality"
Sirs...this can be avoided..."teaching moral"...lets keep it professional.
Am searching for opinions or options available...when a person is attacked by sec90(i) of AA. PROFESSIONALS KINDLY RESPOND.
