In Brief
A Squadron Leader in the Indian Air Force married a foreign national (holding an Indian passport but with Canadian immigration visa) in 2008 without obtaining prior written permission, though he had applied verbally. After being invalidated from service on medical grounds in 2009, he sought recognition of his wife and daughter as family members for post-retirement benefits. The Court held that military policies restricting marriage with foreign nationals apply only to serving officers. Once released or retired, such restrictions cease. Since the respondents took no disciplinary action against the appellant and the spouse is entitled to benefits post-retirement, the Court directed inclusion of the wife and daughter in the Service Certificate and extension of all applicable retirement benefits to them.
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