High CourtsSingle Bench(2023) 02 MEG CK 0008

Apchendro M. Marak vs State Of Meghalaya & Anr.

Meghalaya High Court · Decided on 2 February 2023

HON’BLE JUDGES
H. S. Thangkhiew, J
CASE NUMBER
Writ Petition (C) No. 9 Of 2023

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Judgment

8 paragraphs · 223 words

H. S. Thangkhiew, J

Heard A.S. Siddiqui, learned Senior counsel assisted by Mr. D. Hynniewta, learned counsel for the petitioner.

Mr. H. Abraham, learned GA is present and accepts notice on behalf of the respondent No. 1, so no further is called for in respect of the said respondent.

Issue notice to the respondent No. 2, steps be taken within 3(three) days.

Mr. A.S. Siddiqui, learned Senior counsel submits that the petitioner is aggrieved with the order dated 19.12.2022, whereby 50% of the retiral pensionary benefits of the petitioner is being deducted and made over to the respondent No. 2. Learned Senior counsel further submits that the order is unwarranted and is without any basis, inasmuch as, the same stems from the order in a Maintenance Case which is pending before the Court of the Magistrate First Class, Sub-ordinate District Council Court, Shillong.

Mr. H. Abraham, learned GA for the respondent No. 1 submits that the order impugned herein has been passed in compliance with the order of the District Council Court.

Be that as it may, in the interim, the order dated 19.12.2022 shall be kept in abeyance till the next date. However, as the respondent No. 2 is entitled to some maintenance, the petitioner shall continue to pay R. 10,000/- (Rupees Ten Thousand only) per month.

List this matter on 24.02.2023.