Marital discord and divorce proceedings arising due to military service valid ground for pre-mature retirement, rules AFT

Vijay Mohan

Chandigarh, February 28

The Armed Forces Tribunal has ruled that marital discord and subsequent divorce proceedings arising due to military service conditions is a valid ground for seeking pre-mature retirement.

Directing the Army to consider afresh the premature retirement application of a Lieutenant Colonel, the Tribunal held that a compassionate view is required to be taken on the issue purely on humanitarian grounds.

The officer from the Army Medical Corps had contended that he had sought premature retirement to look after his aged parents and also because his wife, a dentist with a civilian background, was unable to get used to Army lifestyle because it entailed frequent shifting and prevented her from pursuing her profession.

Divorce proceedings are also underway in a civil court and he was unable to concentrate on his duty due to immense emotional and mental stress due to failing marriage, he had further contended.

The Tribunal observed that pre-mature retirement is not a matter of right but done on the basis of various service circumstances and organisational requirements. The Tribunal also found it difficult to accept the fact that the officer’s wife was unable to adjust to military lifestyle just because she is from a civilian background and would have been aware before marriage that her husband cannot be posted at one place throughout his career.

The Tribunal also found merit in the Army’s argument that indiscriminate acceptance of premature retirement applications of specialists would lead to a deficiency of well-trained officers, in this case radiology. The officer had pursued post-graduation in this field while in service and was required to serve a 10-year bond that ended in 2026.

“We may point out that it is also not essential that acceptance of pre-mature retirement, as in the case at hand, may necessarily put an end to the matrimonial woes dispute,” the Tribunal’s bench comprising Justice Rajendra Menon and Lt Gen CP Mohanty said.

“However, recognition of such an opportunity to resolve the disputes by acceptance of premature retirement and provision of an opportunity to do so, is an effort to implement and afford protection to the right of family of every person, the mandate of the provisions of the Constitution, the International Covenants and the spirit of the statutes set out above,” the Bench said.