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A Serving Major of the Indian Army,Yogesh Chandra Madhav Sayankar,on Thursday approached the High Court for the second time seeking to be released from the Army so that he can marry his fiancee,an NRI.
In September last year,Sayankar had approached the court and the Division Bench headed by Chief Justice Mohit Shah had directed the Army to decide on his plea for resignation at the earliest. However,on December 8,two days before Sayankar was supposed to get married to his fiancee Shruti Kulkari,the Army rejected his plea without giving any reasons.
Sayankar and Shruti have now again moved the High Court seeking relief so that they can get married by January end. Though leaving without permission would amount to legal action from the Army against the Major,not releasing him would amount to unfair practice by denying him the Right to Marriage under Article 14 of the Indian Constitution, the petition said.
The petition also said that families of both sides have suffered huge financial losses and mental agony as the earlier marriage date had to be cancelled and rescheduled. As per the Army orders,a serving officer who is marrying a non-resident Indian has to seek prior permission from the authorities.
The petitioners lawyer Anand Grover mentioned the matter before the Division Bench of Chief Justice Mohit Shah and S Vazifdar on Thursday and the Bench has now kept the matter for hearing on January 21.
Kulkarni works in an advertising agency in the US. The couple got engaged last year and as per rules the major sought permission from the Army.
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