Kush Kumar vs Union Of India & Ors.

The petitioner is before this Court with a prayer for setting aside and quashing of the impugned order dated 30.12.2025, for deduction of maintenance allowance @33% in favour of the respondent No. 5(wife). Further, prayer is for consideration of the replies dated 14.04.2025 and 10.11.2025 to the show-cause notices dated 13.04.2025 and 30.09.2025 respectively.

Mr. B. Pathak, learned counsel on behalf of the petitioner has submitted that the order for grant of maintenance under Section 69(i) of the Assam Rifles Act, 2006, has been made without consideration of the show-cause replies, and the circumstances of the writ petitioner. The learned counsel has referred to the impugned order, to show that 22% is in favour of the wife, 5.5% for the daughter and 5.5% for the son. It is submitted that an elder daughter is in the custody of the petitioner, and this fact has not been taken into consideration, while passing the impugned order. In this connection, it has been submitted that though it is not disputed that maintenance has to be paid by the petitioner, however, he prays that the same may be reviewed and considered by the respondents. In this connection, the learned counsel has placed reliance on a judgment of this Court dated 10.08.2023, passed in WP(C) No. 442 of 2022, wherein he submits in similar circumstances, the matter was remanded back to the authorities for consideration, by allowing the writ petitioner to submit a fresh representation. The learned counsel therefore prays for similar directions.

Dr. N. Mozika, learned DSGI assisted by Ms. M. Myrchiang, learned counsel for the petitioner has submitted that all procedures in accordance with law have been followed, and the petitioner had been afforded adequate opportunity to show-cause against the proposed amount of maintenance. The learned DSGI therefore submits that in these circumstances, no interference is called for with the impugned order.

On hearing the learned counsel for the parties, it is noted that by the impugned order dated 30.12.2025, the Grant of Maintenance has been granted w.e.f. 04.02.2025, that is much before the show-cause notice was issued to the writ petitioner. It is also noted that this Court by order dated 07.04.2026, had suspended the deduction of arrears till the disposal of the writ petition.

Looking into the circumstances of the case, especially the fact that the elder daughter of the writ petitioner is in his custody, in line with the earlier order passed by this Court, limited interference is called for, and the respondents are accordingly directed to re-examine the matter after allowing the writ petitioner to file a fresh representation. With regard to 33% deduction, as the same is continuing, until the matter is disposed of, the same shall not be disturbed. With regard to the arrears, the same shall be kept in abeyance until the quantum is finally decided by the respondents.

Representation so allowed, shall be placed before the authorities within 2(two) weeks, who shall dispose of the same within 4(four) weeks thereafter.

As ordered above, the writ petition accordingly stands closed and disposed of.