Madhya Pradesh High Court
Ravindra Singh vs Union Of India on 15 September, 2021
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 WP-16908-2021
The High Court Of Madhya Pradesh
WP-16908-2021
(RAVINDRA SINGH Vs UNION OF INDIA AND OTHERS)
2
Jabalpur, Dated : 15-09-2021
Heard through Video Conferencing.
Shri Abhinav Shrivastava, learned counsel for the petitioner.
Shri J.K. Jain, learned Assistant Solicitor General for respondents.
Petitioner has filed this petition challenging order dated 28/04/2021 passed by IG, SSB Academy, Bhopal.
By impugned order, a direction was given to deduct Rs.10,000/- per month from salary of petitioner for payment of said sum towards maintenance of his wife. Order has been passed in exercise of power contained under Section 61(2)(1) of the Sashastra Seema Bal (SSB) Act, 2007 and Rule 181 of SSB Rules, 2009.
Counsel appearing for petitioner submitted that respondent/wife had filed an application under Section 125 of Code of Criminal Procedure which has been withdrawn. Since her application has been withdrawn, therefore, respondent/authorities cannot passed an order of maintenance. Application of respondent No.6 before respondents/authorities will be barred by res judicata. Principal res judicata is not applicable in criminal cases. Order of maintenance is to be granted as an interim measure to protect wife from vagrancy. Respondents had exercise their jurisdiction in accordance with law and passed an order of interim maintenance in favour of wife which will be subject to final outcome of their decision passed in Allahabad High Court in Mediation. There is no illegality in the order.
Writ petition filed by the petitioner is dismissed.
(VISHAL DHAGAT)
JUDGE
RS
Signature
SAN Not
Verified
Digitally signed by
RASHMI RONALD
VICTOR
Date: 2021.09.15
16:17:59 IST