JOYEETA DEY Vs. STATE OF TRIPURA

JUDGEMENT

(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:

(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.