PERSONAL NO : SL-05288P
RANK : MAJ
NAME : MURALI Y
UNIT : RECORDS 58 GR
COURSE : SLLC-41
ASSIGNMENT : GT OF MAINT ALLCE
PAYMENT OF MAINTENANCE ALLOWANCE TO WIFE AND CHILDREN
‘A’, a MNS Officer is married to Hav ‘B’ of AMC. ‘A’ has filed a
complaint to the CO, MH that Hav ‘B’ is not looking after her and their
two children – a daughter of 9 years and son of 11 years. The indl, in his
letter to CO brought out that the lady and the children are not entitled to
any maintallces as the lady herself is commissioned officer earning Rs.
35,000/- per month and that as far as children are concerned, every
month he is paying Rs. 15,000/- for their maintenance to the lady. He
also brought out that the lady has left the matrimonial home voluntarily.
Hence, no maintallce should be given to her.
Requirement:-
1. What action is required to be taken once application for maint is
received?
2. What are considerations for the grant of maintallce?
3. In this case:-
(a) Who all are entitled to maint and why?
(b) Who all are not entitled to maint and why?
Q1. What action is required to be taken once application for maint is
received?
1. On receipt of complaint for grant of MaintAllces from wife or
children of a person subject to Army Act, while acknowledging the wife’s
request, she will be asked to intimate the following details by means of
an Affidavit:-
(a) Whether she is employed, and if so, indicate her
emoluments.
(b) Details of any independent source of income.
(c) Movable/ immovable property she may possess and any
income there from.
2. The following is imperative to ensure before processing:-
(a) The petitioner is the legally wedded wife of the person, or his
legitimate/ illegitimate child.
(b) The person complained against is neglecting to maintain the
petitioner.
(c) The wife is unable to maintain herself and dependent
children.
3. Having ascertained the above aspects, a Show Cause Notice duly
signed by ‘Á’ Staff Officer of appropriate rank, for and on behalf of the
authority competent to sanction maintenance allowance, after having
obtained the formal approval of the latter, will be served on the individual
concerned under Section 90(i) or 91 (i) of Army Act and reply of the
individual will be considered by the authorities in chain commencing from
the OC Unit.
4. The case duly analysed, will then be put up to the GOC-in-C for
consideration of grant of maintenance allowance based on the total
emoluments.
5. The maintenance allowance will be sanctioned from the date of
application for maintenance submitted by the claimant.
6. Maintenance allowance may not be granted to wife or/ and children
in case the petitioner has sufficient income/ means to maintain herself
and the children.
7. The amount of maintenance allowance sanctioned will not exceed
33% of the pay and allowances and will not be at a rate higher than the
following:-
(a) 22% of the pay and allowances in respect of wife.
(b) 5.5% of the pay and allowances in respect of each legitimate/
illegitimate child dependent on the mother, who, too, is entitled to
be maintained.
(c) Amount of maintenance allowance may be increased upto
25% of the pay and allowances, where the said child is dependent
on the mother who is not entitled to be maintained by the
individual. If mother is also entitled,then she will be given 8%
8. Grant of Interim Maintenance Allowance.
(a) Under exceptional circumstances, where the competent
authority is of the opinion that immediate relief needs to be granted
to the affected wife and/ or children, he may order grant of an
Interim Maintenance Allowance, not exceeding 20% of the
concerned individual’s pay and allowances for a period of six
months, which may be extended twice by another six months by
the competent authority, by which time maintenance allowance as
envisaged can commence.
(b) Prior to grant of any such Interim Allowance, due care will be
taken to ensure that the legitimacy of marriage and financial
condition of the concerned family is verified.
(c) An undertaking will be obtained from the affected wife/
guardian of children, that in case maintenance allowance is not
granted for any reason, the Interim Maintenance Allowance already
paid, will be liable to be refunded.
Q2. What are the considerations for the grant of MaintAllces?
1. The following will be considered for the grant of MaintAllces:-
(a) The petitioner is the legally wedded wife of the person, or his
legitimate/ illegitimate child.
(b) Whether she is employed, and if so, her emoluments.
(c) Details of any independent source of income.
(c) Movable/ immovable property she may possess and any
income there from.
(d) The person complained against is neglecting to maintain the
petitioner.
(e) The wife is unable to maintain herself and dependent
children.
3. In the following established cases, a wife should not be considered
for grant of MaintAllces by the Army Auths and she should be advised to
take recourse to a court of law:-
(a) Wife is living in adultery.
(b) without any sufficient reason, she refuses to live with her
husband.
(c) If they are living separately by mutual consent.
Q3. In this case:-
(a) Who all are entitled to maint and why?
(b) Who all are not entitled to maint and why?
1. All personally subject to the Army Act 1950, are legally and morally
bound to maintain their wife & children, whether or not harmonious
relationship exists between them, subject to few conditions, as
enumerated in subsequent paragraphs.
2. Who all are entitled to maint and why?.Though legally wedded
wife and legitimate/ illegitimate children are entitled to maintenance in
accordance with AO 06/2020/DV, in the instant case, neither his wife nor
children are entitled for Maint Alles owing to the reasons as mentioned at
paragraph (b) below.
3. Who all are not entitled to maint and why?. In the instant case,
neither his wife nor children are entitled for MaintAllces owing to the
following reasons:-
(a) The lady has left the matrimonial home voluntarily.
(b) ‘A’, is a MNS Officer in the Army and drawing a salary of
Rs. 35,000/- per month.
(c) The above salary is adequate for her meaningful life.
(d) Hav ‘B’ is already paying 15000/- per month for maintenance
of his children, which can be ascertained subsequently.
