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HIGH COURT OF DELHI
W.P.(C) 1222/2022
POOJA RAO ..... Petitioner
Through Ms.Dhriti Chhabra with Mr.Piyush Sharmaand Mr.Aditya N.Prasad, Advocates.
Through Ms.AakankshaKaul,Advocate.
Date of Decision: 20th January,2022
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
1. The matter has been heard by way of video conferencing.
2. Present writ petition has been filed seeking a direction to the Respondent No.1 to take necessary decision on the Petitioner’s representation dated28th October 2021 qua paymentof maintenance to the Petitioner and herdaughter within two weeks.
3. Learned counsel for the Petitioner states that the Petitioner is the lawfully wedded wife of Sh. Manne Joshi Babu, currently serving in the ITBP as a Head Constable.She states that thePetitioner hasa daughter who was born out of wedlock and since the last one and a half years, the 2022:DHC:262-DB W.P.(C) 1222/2022 Petitioner and hertwo-year-old daughter have been completely abandoned by the Petitioner with no financial assistance whatsoever,and the Petitioner has been struggling to makeends meet with immense hardship.
4. She states that the Petitioner is currently residing at herparental home in New Delhi and her ageing parents are facing immense difficulty in providing financial assistance for the Petitioner and her daughter. She also emphasises that the Petitioneris single-handedly taking care of her twoyear-old daughter and hence is not able to take upany employment.
5. She states that even though thePetitioner,vide representation dated 28th October 2021, apprisedthe DG, ITBP of his statutory powers under the ITBP Act, 1992 and ITBP Rules, 1994 and requested him for issuing an order for payment of maintenance monthly,deductiblefrom the salary of the Petitioner’s husband, yet nosubstantive action hasbeen taken by the DG till date.
6. Issue notice. Ms.Aakanksha Kaul,Advocate accepts notice on behalf of the Respondents. She states that the decision in the presentcase has to be taken by the prescribed officer i.e. theCommandant,53rd (Bn.).
7. Keeping in view thelimitedprayer soughtin the present writ petition, the same is disposed of directing the Commandant, 53rd (Bn.) to decide the Petitioner’s representation dated28th October,2021 by way of a reasoned order in accordance with law within four weeks. MANMOHAN,J NAVIN CHAWLA, J JANUARY 20, 2022