Nawal Kishore Lal v. Home Secretary, Govt. Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15268 of 2018 ====================================================== Nawal Kishore Lal, S/o Late Thanu Lal, R/o Gangjala, ward No. 19, Rajniti Sadan, P.S. Saharsa Sadar, Dist.- Saharsa.

... ... Petitioner/s

Versus

1. Home Secretary, Govt. of India.

2. The Secretary Ministry of Defence, Govt. of India.

3. Air Officer Commanding, New Delhi, Air Force, Govt. of India.

4. Air Officer Commanding, Air Force Central Account Officer, New Delhi.

5. The Directorate of Air Veterans (AFRO), New Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Neeraj Kumar, Adv.

For the Respondent/s :

Mr. Anjani Kr. Sharan, ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 31-10-2018 Heard learned counsel for the parties.

An objection has been raised by the learned counsel appearing on behalf of the Union of India that after establishment of Armed Force Tribunal, the present issue should not be gone into by this Court.

There is no contest that the matter is related to a person who was serving the Indian Armed Force, the son of the petitioner had entered into two marriages and the present petition has been filed to protect the interest of the minor children from the first wife.

As this Court feels that this is the matter to be adjudicated by the Tribunal, let the petitioner should approach to the Armed Force Tribunal and the Tribunal will consider the

Patna High Court CWJC No.15268 of 2018(2) dt.31-10-2018 2/2 case of the petitioner and take a decision in accordance with law.

With the aforementioned observation, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- U