GANGTOK, India, May 11 -- Sikkim High Court issued the following judgment/order on April 6:
1. The Petitioners numbering a total of 101, are by birth Sikkimese women, married to non-Sikkimese men, who are citizens of India. They are aggrieved in the first instance, by Notification No.08/LR&DMD/R/2018, dated 07-06-2018, of the Land Revenue and Disaster Management Department, Government of Sikkim, which provides that any document regarding transfer of property, presented for registration by a Sikkimese woman, married to a non-Sikkimese, may ordinarily be registered. The sentence is however qualified by the words that follow viz., that,
"............ ownership of her property, on her demise, shall be governed as per the existing rules and regulations prevailing in the State". As per the Petitioners, "the existing rules and regulations" referred to in the impugned Notification is the "Married Women's Property Regulation, 1962" (Regulation of 1962), which provides that a Sikkimese woman married to a non "Sikkim Subject", shall have no right to acquire any immoveable property or any interest in such property, in the territory of Sikkim, subsequent to her marriage. The Regulation of 1962, it is averred, was never enforced in the State and despite being only an executive order, seeks to debar the children of Sikkimese women married to nonSikkimese, from holding property in the State of Sikkim, which is thereby, discriminatory, mala fide and arbitrary. They are also aggrieved by the non-issuance of Certificate of Identification (COI) to their progeny, on account of the Petitioners' marriage to nonSikkimese, thereby depriving their children of all facilities and rights available to COI holders, including their right to obtain Government employment in the State.
2. The Petitioners seek the following reliefs; "................................................................................................
i. .......................................................................................
ii. A writ or order or direction or declaration that on the death of a Sikkimese woman, married to a non-Sikkimese, her property shall devolve upon and owned by her children (sic.) duly quashing the part of the notification dated 7/6/18 namely "The ownership of the property on her demise shall be governed as per the existing rules and regulations prevailing in the State."
iii. A writ or order or direction or declaration that the children of Sikkimese women marrying to non-Sikkimese (sic.) shall not be debarred from getting employment under the Government of Sikkim;
iv. A writ or order or direction or declaration that, the offsprings of the Sikkimese women marrying to non-Sikkimese (sic.) shall be issued with Certificate of Identification and other similar documents with right of inheritance of immovable properties and all other benefits receivable from the Government like all other Sikkimese persons.
*Rest of the document can be viewed at: (https://hcs.gov.in/hcs/hg_orders/201100000452020_32.pdf)
Disclaimer: Curated by HT Syndication.
