A.N.SEN, P.N.BHAGWATI, RANGANATH MISRA
Nandarani Mazumdar – Appellant
Versus
Indian Airlines – Respondent
Judgment
RANGANATH MISRA, J. :- This appeal by certificate under Art. 133 of the Constitution seeks to challenge the appellate decree of the Calcutta High Court upholding the dismissal of her suit for declaration that the plaintiff was entitled to a charge on the estate of her deceased husband Captain Majumdar for the payment of permanent alimony of Rs. 350/-. p. m. in terms of the decree dated May 31, 1966. While granting a decree for dissolution of marriage the Court had directed that the plaintiff would get permanent alimony and maintenance of Rs. 350/-. p. m. from the date of the decree till her death or her remarriage or any other act which would disentitle her from getting the amount. Maintenance was paid up to October 1972 by the husband who was a pilot in the Indian Airlines. He died on December 18, 1972. leaving behind inter alia. an asset of Rs. 2,00.916.00 lying to his credit with his employer. The plaintiff instituted Title Suit No 1582/74 for creation of a charge and also asked for recovery of Rs. 8,750/- claimed to be due as outstanding maintenance until the date of the suit and for an injunction against withdrawal of the money lying with the Indian Airlines until adeq
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