JUDGMENT

Gita Mittal, J.

1. This petition manifests the conflict which may arise between matrimonial bliss and the call of duty in the armed forces because of the requirement of a serving personnel having to serve at locations far removed from her/his matrimonial home or the restrictions on movement even though there may be no separation by location. It draws attention to the urgent necessity of balancing personal and professional lives of the defence personnel and raises issues of the nature of the right to marriage and infringement of the petitioner's right to life under Article 21 and violation of Article 14 of the Constitution of India by the respondents by the manner of rejection of her application for resignation from service.

2. Captain Mrs. Krishna, the petitioner herein, took admission in the B.Sc. (Nursing) course at the Armed Forces Medical College, Pune, in 1997 which she successfully completed in June, 2001. The petitioner got her permanent commission in the Indian Army on 7th June, 2001 in the Military Nursing Service ('MNS' hereafter). By dint of her service, she was subsequently promoted to the rank of Captain as Nursing Officer in the service. It is on record t