Salma Sultana v. Union Of India And ORS.

D/L. 9.

August 24, 2023.

MNS.

WPA No. 14160 of 2022 Salma Sultana Vs.

The Union of India and others Ms. Sabana Hasin, Mr. Mobaidur Hossain ... for the petitioner.

Ms. Susmita Saha Dutta, Ms. Madhurima Basu ...for the Union of India.

Learned counsel for the petitioner contends that the petitioner is an unfortunate wife of an army personnel, namely, Abdul Ohed Shaikh, who has not been paying maintenance to the petitioner and the child of the petitioner for a considerable time.

Accordingly, the petitioner applied for disbursal of maintenance to the employer of the husband, that is, the respondent authorities. Upon such application of the petitioner, the respondent authorities communicated vide letter dated February 19, 2020, annexed at page 21 of the writ petition, asking for certain details, upon which they would apparently take appropriate steps regarding the disbursal of maintenance.

The petitioner submitted such documents.

Thereafter, the petitioner was also asked to furnish copies of the documents regarding her educational qualification during the pendency of the writ petition, which was also done by the petitioner duly.

The present prayer of the petitioner is that the respondent authorities be directed to take immediate steps for ensuring that the husband of the petitioner pays adequate maintenance to the petitioner and their child.

Ms. Madhurima Basu, learned counsel appearing with her senior Ms. Susmita Saha Dutta for the respondent authorities, submits that the respondent authorities are willing to consider and take appropriate steps within one month on the issue.

Appreciating such fair stand of the respondent authorities and keeping in view the present condition of the petitioner, WPA No.

14160 of 2022 is disposed of by directing the respondent nos. 2 to 8 to dispose of the petitioner's application for maintenance and ensure that adequate maintenance is granted to the petitioner by the respondent no. 9.

It is expected that the respondents shall take immediate steps and complete the entire exercise as indicated above within one month from date.

The respondents shall also ensure that due alimony commences to be disbursed in favour of the petitioner within a fortnight after such disposal of the petitioner's application. There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)