Kashmiri Pandit Woman Continues To Retain Migrant Status Despite Marriage To Non-Migrant: J&K High Court
Live LawThe Jammu and Kashmir and Ladakh High Court has ruled that a Kashmiri Pandit woman does not lose her "migrant status" upon marrying a non-migrant. This discrimination becomes even more brazen where a male migrant continues to remain a migrant notwithstanding the fact that he has married a non-migrant” These observations came in a plea The case stemming from a challenge to an order issued by the Central Administrative Tribunal, Jammu Bench, in favor of Seema Koul and Vishalni Koul. The respondents, both Kashmiri Pandits, were provisionally selected for the post of Legal Assistant under the PM Package for Kashmiri Migrants, pursuant to an The Tribunal's decision to direct the government to issue appointment orders was appealed by the UT of J&K, asserting that the respondents' marriages to non-migrants disqualified them from claiming migrant status under SRO 412 of 2009. In such a situation, to hold that the woman would lose her status as a migrant only because she, out of the natural urge of forming a family, had to marry a non-migrant on account of existing circumstances, would be grossly discriminatory and militates against the very concept of justice," the Court stated.
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