Smt Sarita wo Cpl Sonu vs UOI & Others on 29 September 2026

O R D E R

29.09.2026

1. The Applicant, who is the wife of a serving Corporal of the Indian Air Force, has filed this OA under Section 14 of the Armed Forces Tribunal Act, 2007, for directing the Respondents for the following prayers :- (a) Endorse the name of the applicant as a legally wedded wife of the Respondent No 6 in his service documents after taking the necessary marriage POR;

(b) Allow the applicant by the Respondents to live with her husband with direction to her husband to live in harmonious relations with the applicant;

(c) Grant maintenance allowance to the applicant as per Air Force Law, if admissible to the applicant till the date she is abandoned by her husband; (d) She has also prayed for award of cost and expenses borne by her in the legal proceedings and any other relief which the Hon’ble Tribunal deems just and proper in the facts and circumstances of the case.

2. Brief facts of the case as enunciated by the applicant are that her marriage with Corporal Sonu was solemnized on 16/2/2020 according to Hindu rites in presence of all the relatives of both the spouses. After the marriage, the applicant stayed with her husband at the matrimonial house for about three years, but was not allowed to stay with her husband at his place of posting. However, all of a sudden, husband of the applicant filed a case before the Family Court, Rajgarh, Churu, Rajasthan, for divorce under Section 13 (1) (iA) of Hindu Marriage Act, 1955, which is pending for adjudication. Having been aggrieved by the action of her husband, the Applicant earlier had submitted an application to the President AFWWA (Central), New Delhi and to the President AFWWA (Regional), HQ Eastern Air Command, Air Force for directing her husband for endorsing her name as his legally wedded wife in his service record, but till date no positive action has been taken by the Respondents in this matter. Even her personal visit to the office of the Respondents in this regard was also of no avail.

3. Respondents have not filed a Reply Statement in this matter.

4. During the course of arguments today, counsel for the applicant, has not pressed the issue with regard to grant of Maintenance Allowance to the Applicant, but stressed upon the issue of endorsing the name of the applicant in the service record of her husband, ie, Corporal Sonu, by publishing necessary Part II order in this regard. Counsel for the applicant has also submitted that the divorce petition filed by the husband of the applicant has been rejected by the competent Civil Court, Churu.

5. During the course of hearing, OIC Legal Cell Air Force, appearing for the Respondents submits that in terms of Para 19 and 22 of AFO 11 of 2024, it is incumbent upon the husband of the applicant to submit marriage certificate within three months of the occurrence duly issued by the competent authority, ie, Registrar of Marriages alongwith copies of joint photograph of the spouses duly attested for publication of marriage POR. Further, the serving Air Force personnel are required to provide necessary documents for promulgation of POR for the marriage/change of marital status. The copy of AFO 11 of 2024 further stipulates that in the event of refusal or failure to submit the mandatory documents without justified reasons, the Commanding Officer concerned is empowered to promulgate suo motu POR, even without the availability of mandatory documents. OIC Legal Cell, Air Force, further submitted that despite repeated directions, Corporal Sonu, the husband of the applicant herein, has not submitted the requisite documents in publishing the POR. It was also mentioned by the Respondents that the applicant has also not submitted any documents regarding her marriage to the competent Air Force authorities.

6. The husband of the applicant is a serving Corporal in the Air Force and being a member of the disciplined Force, he is expected to comply with the prevailing rules and regulations in letter and spirit. Since the applicant claims to be the legally wedded wife of the said Corporal Sonu, the applicant has every right to get her name incorporated in the service documents of her husband. In this regard, the contention

of the OIC Legal Cell, Air Force that despite repeated directions, the husband of the applicant has not submitted requisite documents for publishing the necessary POR with regard to the marriage of the applicant with Corporal Sonu cannot be accepted at its face value as the husband of the applicant is a serving Corporal and is bound by rules and regulations framed therein. Under these circumstances, the Commanding Officer concerned of the husband of the applicant is at liberty to take necessary steps in publishing the POR in terms of Para 22 of AFO 11 of 2024 and take necessary administrative action against the defaulting Corporal for not complying with the directions of Air Force authorities. This Tribunal is at a loss as to why the successive Commanding Officers of husband of the applicant have not taken any concrete action in publishing the POR of marriage of the applicant with her husband Cpl Sonu, given the fact that the marriage between them was solemnized way back in early 2020.

7. In view of the foregoing and since marriage between the applicant with Corporal Sonu who is reported to be serving at Air Force Station, Bareilly, is still subsisting, we direct the Respondents to take tangible action in terms of Para 22 of AFO 11 of 2024 in publishing the POR with regard to marriage of the applicant with Cpl Sonu, within a period of three months from the date of receipt of a copy of this Order.

8. The OA is disposed off accordingly. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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