Army major moves HC to tie knot with US-based NRI

Sayankar had written to the authorities four times but they had returned his application without passing any order. The petitioner’s lawyer Anand Grover told the division bench of Chief Justice Mohit Shah and Justice D Y Chandrachud,“His petition sought premature release from the Army but the authorities have not replied yet. They have been returning his application asking him to attach different documents and complete certain formalities. The wedding date has been fixed and in India,marriage is a very auspicious occasion,thus he should be allowed to be released.”

According to Grover,Kulkarni works in an advertising agency in the US and is a citizen of that country.

The couple recently got engaged and as per the rules,the major moved the authorities seeking prior approval. Since the petitioner did not get any positive response from the authorities,they were left with no choice but to move the High Court.

The counsel for the Army argued the major should approach the Armed Forces Tribunal as the High Court did not have jurisdiction to decide on the application. Grover opposed the argument and said the court did have the jurisdiction to hear and decide the petition.

The bench directed the Army counsel to file an affidavit within two weeks about the possible action that could be taken on premature release of the petitioner or otherwise. The counsel told the court that directions from her seniors would have to be taken as the order passed by the High Court would set a precedent which could be used in other matters related to the Army. The court then granted time till October 19 when the matter will come up for further hearing.