ASHUTOSH DEB CHOWDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(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 :