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news details
PRC for kin of woman married outside J&K
HC admits petition
4/22/2019 10:33:43 PM
Early Times Report
Jammu, Apr 22: The J&K High Court on Monday admitted a petition by a state subject who was married outside the state, and later divorced, seeking Permanent Resident Certificates (PRCs) for her children.
Justice Dhiraj Singh Thakur after hearing Advocate Ankur Sharma, appearing for the petitioner Renu Nanda, issued notice to the state which was accepted by Senior Advocate General SS Nanda. Justice Thakur directed respondents to file counter affidavit within two weeks.
During the hearing, Advocate Sharma submitted that a discretionary power, as in the present case where the children of a divorcee who is a state subject of J&K, are not being granted the PRC is "illegal and arbitrary".
"Unfettered discretion is a sworn enemy of the constitutional guarantee against discrimination," Sharma argued. He also submitted that the petitioner, Prof Renu Nanda, is the mother of Keshav Kumar and Madhav Kumar and the petitioners through the instant petition seek relief for such injury caused or likely to be caused to them in J&K on account non-issuance of PRC which provides who is the permanent resident of the state as defined in Section 6 of the Constitution of J&K.
"Consequentially, all fundamental rights in the state of Jammu and Kashmir have been left redundant, otiose and subject to arbitrary exercise of authority to the extent of children," Sharma argued.
It is pertinent to mention here that Prof Nanda's former husband was a non-state subject and her two sons, who were minors at the time of her divorce, remained in the exclusive custody of their mother in J&K only.
Nanda is serving in the University of Jammu as Professor in the Department of Education, and her parents were state subjects of J&K.
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