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Threat of divorce by wife employed overseas forms grounds for seeking pre-mature retirement: AFT

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The Armed Forces Tribunal (AFT) has held that the spouse being employed in a foreign country is reasonable grounds for a soldier to seek premature retirement on compassionate grounds.A nursing assistant in the Army Medical Corps (AMC) had applied for premature retirement from the Army on compassionate grounds in September 2024 after rendering 14 years of service. His request was turned down by the Army in view of deficiency of manpower, organisational constraints and service exigencies.He contended before the AFT that due to service restrictions and existing domestic problems and difficulties he was not able to look after his family, comprising old and ailing parents, his wife who is working as a nurse in Qatar and three children, nor able to enjoy his married life.He averred that his wife does not have a good relationship with his parents due to inter-caste marriage and she visits once in a year to meet him and their elder child. He added that his wife is threatening to divorce him if he does not leave the service due to the problems faced by her after the birth of twin girls.He pointed out that his six-year old son currently resides with his parents at his native place and it is difficult for his elderly mother to look after him as she also has to take care of his bed-ridden father. His education was also getting affected.The soldier claimed that faced with difficulties of his wife being in service overseas and threatening divorce, the ill health of his parents and upbringing of his children, he was unable to perform his military duties effectively.The Army had contended that in his present rank, the soldier was liable to serve till March 2034 and given his trade of nursing assistant, any deficiency in this cadere would result in compromising the life and limb of patients and it may affect optimal functioning of a military hospital.Further, to address the adverse impact of the Covid-19 pandemic on recruitment in the Indian Army, restrictions were imposed by the competent authority on grant of pre-mature retirement.The Tribunal’s Bench comprising Justice Suresh Kumar Gupta and Maj Gen Sanjay Singh ruled on August 19 that considering all aspects of the matter, that is improved post-Covid pandemic situation and the soldier’s apprehension that his marriage may not survive if he does not leave the Army, his request for premature retirement should be reviewed and reconsidered by the competent authority.

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