Decided on March 21,2022

Joyeeta Dey Appellant


S.G.CHATTOPADHYAY,J. - (1.)The present writ appeal arises from the order dtd. 10/1/2022 passed by the learned Single Judge in WP(C) No. 339 of 2021.
(2.)The factual background of the case is as under:
The appellant (respondent No. 4 in the writ petition) was the wife of Debasish Deb Choudhury @ Debasish Choudhury who was a Wireless Operator (ASI) in Tripura police. She filed a divorce petition against her husband in the court of the Additional District Judge, North Tripura, Dharmanagar which was registered as Title Suit (Divorce) No. 15 of 2014. During the pendency of the divorce proceedings before the court, the spouses together filed a compromise petition setting out the terms of compromise and they sought for a compromise decree in the divorce case. Their marriage was dissolved by the learned Additional District Judge by a decree of divorce dtd. 16/6/2014 based on the terms of compromise set out in their petition. The terms of settlement, inter alia, were 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."

(3.)Thereafter, said Debasish Choudhury died on 11/1/2017 in harness. Before his death, he bequeathed all his movable and immovable property in favour of his full blooded brother Asutosh Deb Choudhury @ Asutosh Choudhury by a registered WILL dtd. 7/12/2016. It was categorically stated in the WILL that said Asutosh Deb Choudhury would also be entitled to the retiral benefits accrued from the death of Debasish Deb Choudhury. But, after the death of her divorced husband, the appellant filed a petition in the court of the District Judge, North Tripura District at Dharmanagar under sec. 28A of the Hindu Marriage Act, 1955 claiming release of the arrears of alimony which fell due to her under order dtd. 16/6/2014 of the Additional District Judge, Dharmanagar and other service benefits accruing from the death of her ex-husband. Her petition was registered in the court of the District Judge as Civil Misc.20 of 2017. The learned District Judge by judgment and order dtd. 31/8/2020 dismissed her petition on the ground that marital relationship between the appellant and her husband was snapped by a decree of divorce. Therefore, the appellant was not entitled to any benefit from the property of her ex-husband.

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