MAJOR VIKAS KUMAR S/O MR. SURINDER KUMAR Vs. THE UNION OF INDIA REP. BY THE SECRETARY MINISTRY OF DEFENCE SOUTH BLOCK, NEW DELHI-110 001, THE CHIEF OF ARMY STAFF INTEGRATED HEAD QUARTERS (ARMY) MINISTRY OF DEFENCE NEW DELHI-110 001, THE VICE CHI

JUDGEMENT

(1.) THE first petitioner is a Major in the Indian Army. He intends to marry the 2nd petitioner, who is a foreign national being the citizen of Srilanka. The 2nd petitioner is studying in Bangalore and she also intends to marry the 1st petitioner.

(2.) THE request made by the 1st petitioner for getting permission to contract the marriage with the 2nd petitioner has been injected by the Director General of Military Intelligence, General Staff Branch, New Delhi, stating that it was mandatory for the applicant -petitioner No.1 to get the willingness of the 2nd petitioner to renounce the foreign citizenship after marriage with the 1st petitioner, but the 2nd petitioner had refused to change her foreign citizenship prior to contracting the marriage. It is this order that is challenged in the writ petition. The petitioners have also sought for a direction to the respondents to process and allow the 1st petitioner's application submitted on 29.06.2011 vide Annexure -D, seeking to resign from his post.

(3.) THE procedure for submission of application is provided at Clause 4 of the Army Order, which reads as under : Submission of application 4. Application for obtaining sanction of the AG will be made on the form given at appendix -A to this Army Order and fwd through proper staff channels, so as to reach at Army HG (DGMI/M1 -10) with recommendations of various HGs in clam of Comd at least 120 days prior to the proposed date of marriage. The application for the marriage with foreign national will be processed within 120 days after its receipt at DGMI/M1 -20 through proper channel. On receipt of the sand application (not the advance copy) through proper channel DGMI/M1 -10 will fwd acknowledgement to the individual concerned with copy to the following : -