ASHUTOSH DEB CHOWDHURY Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
Ashutosh Deb Chowdhury
STATE OF TRIPURA
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S. Talapatra, J. -
(1.)Heard Mr. B.N. Majumder, learned senior counsel assisted by Mr. S.C. Sen, learned counsel appearing for the petitioner as well as Mr. P.K. Dhar, learned Sr. G.A. assisted by Mr. A. Dey, learned counsel appearing for the respondents No.1, 2 and 3 and Mr. A.K. Pal, learned counsel appearing for the respondent No.4.
(2.)By means of this writ petition, the petitioner the propounder of the will dtd. 7/12/2016 [Annexure-6 to the writ petition] has urged this Court to direct the respondents No.1 to 3 for releasing the service benefits accrued on account of death of Debasish Deb Chowdhury, Ex-Wireless Operator and the executor of the will by setting aside the decision, contained in the communication dtd. 1/12/2020 [Annexure-8 to the writ petition]. By the said communication, the Superintendent of Police [Communication], the respondent No.3 has apprised the petitioner that his prayer for releasing those benefits cannot be acceded to as the respondent No.4, the divorced wife of the deceased employee has raised objection. In the emerged circumstances, the petitioner has approached this Court.
(3.)There is no dispute that the respondent No.4 was married to the deceased employee and later on, by a decree of divorce, their marriage was dissolved. For purpose of reference, the order dtd. 16/6/2014 may be referred to. The marriage was dissolved based on the settlement and the conditions of settlement had been filed before the Additional District Judge, North Tripura, Dharmanagar [as he then was] in T.S.(Divorce)15 of 2014. Conditions of settlement inter alia read as under :
"1) The respondent husband will pay Rs.4,000.00 against monthly alimony to the petitioner wife.
2) The monthly alimony will be paid in the first week of each and every English calendar month by way of deducting the said amount from the salary of the respondent husband by the authority concern and it will be deposited in the bank account of the petitioner wife (A/C No.33659535727) in the State Bank of India, Dharmanagar Branch. The respondent husband will take necessary steps before this authority for having the deduction of the monthly alimony from his salary and to deposit the same in the account of Smt. Jayeeta Dey.
3) The respondent husband shall handover all the "stridhana" and all the articles which the respondent received in the bridal procession at the time of marriage to the petitioner wife. The petitioner wife acknowledges the receipt of the all articles handed over by the respondent husband."
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