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Calcutta HC Seeks Details of Divorce Settlement Before Releasing Freedom Fighter Family Pension

Case Law Details

TaxGuru Citation
2026 taxguru.in 10302
Case Name
Nilima Jana Vs N. R. Sekar Raju & others (Calcutta High Court)
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Nilima Jana Vs N. R. Sekar Raju & others (Calcutta High Court)

The Calcutta High Court considered a contempt petition concerning the release of a freedom fighter’s family pension last received by the petitioner’s mother. Counsel for the alleged contemnors submitted that the petitioner had been repeatedly requested to furnish an affidavit declaring whether she had received any amount from her ex-husband following the dissolution of their marriage. The Court noted that Mat Suit No. 191 of 1986 was decreed on 02.01.1990 and that the decree was silent regarding payment of alimony.

Accordingly, the Court directed the petitioner to file, within three weeks, a sworn affidavit before the Judicial Magistrate stating whether she had received any money during the divorce proceedings. The affidavit was also directed to disclose her current financial position and whether she had filed any income tax return. If income tax returns had been filed, copies were to be furnished along with the affidavit. The respondents were directed to take further steps for release of the freedom fighters’ family pension after receipt of the affidavit. With these observations, CPAN 276 of 2026 was disposed of, and the Rule, if any, also stood disposed of.

FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT

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Author Info

CA Sandeep Kanoi
Qualification: Graduate, CA in Job / Business, DD
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 23,891

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