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Judgment
The matter has been taken up for consideration today on mention made by learned counsel for the applicant. On 08.09.2021, we had issued notice to the respondents. Today, a mention has been made in the light of the order passed by the Honrble Supreme Court in Transfer Petition (Civil) Nos.929-930 of 2021 on 09.09.2021. In view of the above, we have taken up the matter for hearing today.
The facts of the case are that, the applicant was granted maintenance by the competent authority by virtue of the powers vested in it under Section 90(i) of the Army Act, 1950. However, on a divorce petition being filed by the respondent-husband, the Family Court, Patiala allowed the application for divorce and granted a decree for divorce. As the decree for divorce was granted ex-parte by the Family Court, Patiala, the present applicant initiated proceedings under Order IX Rule 13 of the Code of Civil Procedure and during the pendency of the matter, the present applicant filed a Transfer Petition (Civil) before the Hon'ble Supreme Court. However, in view of the ex parte decree passed by the Family Court, Patiala, the competent authority revoked the order of maintenance granted under Section 90(i) of the Army Act and by the impugned order Annexure Al dated 28.09.2020 in view of the decree of divorce granted by the Family Court on 01.02.2020 as the applicant is no more the legally wedded wife of the respondent, the order granting maintenance was withdrawn. Challenging this order, this petition was filed and when we took up the matter on 08.09.2021, we were informed that the Transfer Petition (Civil) is coming up for consideration before the Hon'ble Supreme Court. Therefore, we issued notice directing listing of the matter today. By filing M.A No. 2196 of 2021, the order passed by the Hon'ble Supreme Court on 09.09.2021 has been brought to our notice and we find that after going through various averments that were made before the Hon'ble Supreme Court and hearing the parties concerned, the decree of divorce granted by the Family Court, Patiala has been set aside and the divorce petition was restored to its original file for fresh hearing.
In view of the above, as on date, the ex parte decree granted by the Family Court, Patiala on 01.02.2020 having been set aside by the Hon'ble Supreme Court, the reason for passing the impugned order no more survives and the original order passed under Section 90(i) of the Army Act granting maintenance to the applicant-wife is to be restored.
Accordingly, we allow this petition and quash the order dated 28.09.2020. In view of the facts mentioned herein above, we request the competent authority to pass appropriate orders restoring the order of maintenance passed under Section 90(i) of the Army Act within one month from today. 4. Accordingly, the M.A and the 0.A stand disposed of.
Dasti.