Mumbai: In a relief for a serving major of
the Indian Army, the Bombay High Court on Friday allowed him to
marry his fiancee, who is a US national, and directed the Army
authorities to reconsider his resignation request.
Major Yogesh Sayankar had approached the High Court last
year seeking a direction to the Army to allow his application
for premature retirement, so as to facilitate his marriage to
Shruti Kulkarni, who is a US citizen.
According to Army rules, a serving officer has to seek
permission before marrying a foreign national, and the spouse
has to renounce foreign citizenship.
However, Shruti had refused to renounce her US
citizenship, so Yogesh sought premature retirement. He also
agreed to pay Rs 2,50,000, as expenses incurred by Army on his
training. But Army refused his request.
The army lawyer had argued in the High Court that if such
pleas were allowed, in future people who wanted to quit army
would use this "exit route".
There was no way to ensure that person would indeed marry
after obtaining premature retirement, lawyer said.
"The apprehension of the Army that Yogesh may not marry
after acceptance of resignation can be easily taken care of by
accepting his application with effect from the date of his
marriage, which is to be held on May 28 this year," the
division bench of Chief Justice Mohit Shah and Justice S J
Vazifdar observed today.
"Let them get married. The Army`s order of December
last year rejecting Yogesh`s application is quashed," Chief
Justice Shah said while reading out the judgement in court.
PTI
