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2025 DAILYLAW 23870 (RAJ)

MRS. GIRIJA KUMAWAT W/O MR. AKLESH KUMAR KUMAWAT v. GOVERNMENT OF RAJASTHAN

CW/10299/2025 · 2025-07-15

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:26263] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10299/2025 Mrs. Girija Kumawat W/o Mr. Aklesh Kumar Kumawat, Aged About 53 Years, R/o 25-A, Govind Vihar, Behind Ridhhi Sidhhi Sweets, Gopal Pura Bypass Jaipur- 302018 ----Petitioner Versus 1. Government Of Rajasthan, Through Its Chief Secretary, Main Building, Government Secretariat, Janpath, Jaipur- 302005. 2. Principal Secretary, Finance Department, Government Of Rajasthan, 1St Floor, Main Building, Government Secretariat, Janpath, Jaipur-302005. 3. Mr. Aklesh Kumar Kumawat S/o Mr. Chhagan Lal Verma, Aged About 59 Years, Posted As Programmer (Computer) Finance Department, Main Building Government Secretariat, Janpath, Jaipur- 302005. ----Respondents For Petitioner(s) : Mr. Satya Narayan Gupta For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 15/07/2025 1. Instant Civil writ petition under Article 226 of the Constitution of India has been preferred by the petitioner, being wife of respondent No.3, with a prayer to direct the respondents-State Authorities to initiate disciplinary action against respondent No.3 i.e. her husband as also to stop disbursement of retiral benefits to her husband until resolution of the matrimonial discord, between them. 2. It has inter alia been pleaded that a matrimonial discord arose between the petitioner and respondent No.3, being husband and wife and petitioner-wife has preferred a complaint under the relevant provisions of Domestic Violence Act, 2005. It has further [2025:RJ-JP:26263] (2 of 3) [CW-10299/2025] been pleaded that the respondent No.3 is a liquor addict and indulges in immoral activities due to having illicit relations with other women, hence, for such allegations, departmental enquiry be initiated against him. 3. Counsel for petitioner, having instructions from petitioner, submits that since husband of petitioner is likely to be retired and is not paying any maintenance to petitioner, hence, such writ petition has been filed. 4. This Court, on merits of the case, does not find that merely on the allegations of wife, a direction can be issued to the State Authorities to initiate the disciplinary enquiry against her husband, in respect of the allegations, allegedly levelled by wife, more so when no corroborative evidence, in respect of such allegations have been placed on record. Even, the names of the women, with whom respondent No.3 is stated to be in illicit relations, have been indicated, in the writ petition. 5. Undisputedly, petitioner, being wife of respondent No.3, has already filed a complaint alleging domestic violence with her and for demanding maintenance from her husband. In addition, petitioner has remedy in law to seek maintenance from her husband by way of filing an independent and separate petition under Section 144 BNSS. 6. The invocation of writ jurisdiction by the petitioner, for the relief prayed for in this writ petition, is wholly unwarranted and uncalled for. Hence, the writ petition is hereby dismissed. 7. All pending application(s), if any, stand(s) disposed of. [2025:RJ-JP:26263] (3 of 3) [CW-10299/2025] 8. A copy of this order be sent in the Office of Principal Secretary, Finance Department, Government Of Rajasthan, 1st Floor, Main Building, Government Secretariat, Janpath, Jaipur, for service record of respondent No.3. (SUDESH BANSAL),J RONAK JAIMAN/16