Gauhati High Court: In a writ petition filed for entitlement of 50% dues of the Contributory Provident Fund (CPF) of the deceased brother of the petitioner, a Single Judge Bench comprising of Hrishikesh, J. gave four week’s time to the petitioner to bring material to show that she was a dependent member.
The petitioner was nominated by her late brother (FCI employee) for 50% share in the CPF. The remaining share was to be given to the wife of the deceased. The petitioner claimed the said share. However, the same was denied by the respondent- Food Corporation of India, on the ground that the petitioner was married.
The High Court considered the submission made by the respondent that according to Rule 2 (iii) of the Contributory Provident Fund Rules (India), 1962, it is only an unmarried sister who is entitled to a share in the CPF. The petitioner submitted that indeed she was married earlier, however her relationship with her husband got estranged and she was now divorced. The Court held that apart from the mentioning of the maintenance proceedings initiated by the petitioner against her husband, there was nothing on record to prove that she was divorced. Accordingly, the petitioner was given four week’s time to bring on record the necessary material to show that she was a dependent person on account of the dissolution of her marriage. [Nazrana Sultana Begum v. Food Corporation of India, 2018 SCC OnLine Gau 571, dated 24.05.2018]