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Candidate expecting Divorce Decree cannot seek Reservation under ‘Divorcee Female’ category: Rajasthan High Court

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divorce Law Insider

Ambika bhardwaj

Published On: January 28, 2022 at 18:45 IST

The Rajasthan High Court in the case of Parul Khurana v. The High Court of Judicature for Rajasthan & Anr. noted that the law doesn’t allow a candidate to apply in the ‘Divorcee Female’ category in the expectation that the Court will be granting a Decree of Divorce.

The Petitioner lodged a Writ Petition questioning the notice in which her candidature was denied because she did not have the Decree of Divorce on the last date of submission of the online application form for the post of Stenographer Grade-III (Hindi and English) in the District Courts and the District Legal Services Authorities.

Based on the Supreme Court decision in Ashok Kumar Sonkar vs. Union of India , the Court determined that the Petitioner was not a ‘Divorced Female’ on the last date for submission of application forms and was therefore not eligible to apply in the category.

As a result, the Respondents were completely justified in denying her candidature in the Divorcee Female category.

In this Case, the Petitioner married Shri Vikash on 06.07.2018 and later took a Customary Divorce in Society Panchayat on 17.09.2018.

On 12.07.2019, an Application was lodged under Section 13B of the Hindu Marriage Act, and the Decree of Divorce was released on 13.08.2020.

The final result was announced on 15.12.2021, with a note appended that the Petitioner did not have the Decree of Divorce on the last date of submission of the online application form, which was 28.02.2020.

Hence, she was not recognised in the Divorcee Female category.

The Petition was rejected by the Court because it devoid merit.