Jammu and Kashmir High Court: Kashmiri Pandit woman continues to retain migrant status despite marriage to non-migrant

The Jammu and Kashmir and Ladakh High Court in the case UT Of J&K Vs Seema Koul & Anr observed and has ruled that a Kashmiri Pandit woman does not lose her "migrant status" upon marrying a non-migrant.

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The bench comprising of Justice Atul Sreedharan and Justice Mohammad Yousuf Wani was hearing the present matter.

The bench in the case stated that 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 said discrimination becomes even more brazen where a male migrant continues to remain a migrant notwithstanding the fact that he has married a non-migrant.

In the present case, the petition is filed challenging an order issued by the Central Administrative Tribunal, CAT, 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 advertisement.