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
1. Learned counsel for the alleged contemnors is present in Court. He submits that the petitioner was repeatedly requested by the respondents to furnish an affidavit declaring as to whether she has received any sum of money from her ex husband with whom there was a decree for divorce and marriage was dissolved.
2. It appears to this Court that Mat Suit No. 191 of 1986 was decree by the court on 02.01.1990. The decree is silent with regard to payment of alimony.
3. In that view of the matter, the petitioner shall furnish to the respondents sworn affidavit before the Judicial Magistrate indicating as to whether she has received any sum of money in course of her divorce from her ex husband. Affidavit must also indicate the current financial position of the applicant and as to whether she has filed any return of income tax or not. If such return has been filed, copies of such return may be furnished along with the affidavit. Let such affidavit be furnished within a period of three weeks from date.
4. The respondents shall take the matter further for release of freedom fighters’ family pension that was last received by her mother.
5. With the aforesaid observations, CPAN 276 of 2026 is disposed of. Rule, if any, stands disposed of.
6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
