38.6c New Delhi, India, Sunday, July 21, 2024

Pension Can Be Attached To Recover Maintenance: Bombay HC [Read Judgment]

By LawStreet News Network      15 April, 2019 12:00 AM      1 Comments
Pension Can Be Attached To Recover Maintenance: Bombay HC [Read Judgment]

The Bombay High Court on April 5, 2019, in the case of Bhagwant v. Radhika, has held that pension can be attached for the purpose of recovering maintenance due to wife.

JusticeM.G. Giratkar of the Nagpur Bench was hearing the revision application filed against an interim order of the Magistrate Court in which, the Magistrate had ordered the attachment of the husbands pension to secure the payment of Rs 30,000 as interim maintenance to the wife every month. Aggrieved by the said order, the husband filed a revision application.

Learned Counsel P.K. Mishra, appearing for the applicant/husband contended that the Magistrate exceeded his jurisdiction by passing the order of attachment of pension. 

In this regard, the counsel referred to Section 11 of the Pensions Act, 1871, which deals with exemption of pension from attachment. This provision states that,

No pension granted or continued by Government on political considerations, or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance. shall be liable to seizure, attachment or sequestration by process of any Court at the instance of a creditor, for, any demand against the pensioner, or in satisfaction of a decree or order of any such Court.

Taking into consideration the said provision, the court observed that in civil disputes pensions cannot be attached at the instance of creditors and in the said case wife cannot be termed as a creditor. Therefore, the pension can be attached to recover maintenance in favour of the wife.

This was also supported by commentary relied upon by the husbands counsel. The court noted  Commentary relied on by learned counsel for the applicant/husband at serial No.16 under head of attachment shows that, maintenance allowance granted to wife cannot be considered as debt. She is not a creditor hence exemption under S.11 cannot be granted to husband. (1985)87 Punk LR 682 : (1985) 12 Cri LT 219. The said commentary itself shows that pensions can be attached to recover amount of maintenance. Hence, the stand taken by learned counsel for the applicant/husband that pensions cannot be attached is not digestible. Accordingly, the court refused to quash the Magistrates order on the aspect of attaching the husbands pension for recovering the maintenance due to his wife. However, the court modified the amount of maintenance i.e., Rs 30,000 payable to wife and reduced it to Rs 20,000, opining that the amount ordered to be paid by the Magistrate was exorbitant on the facts of the case.

[Read Judgment]

Share this article:

User Avatar

John Doe
A2c Jan 15, 2021

Let all the Judges give off all of their benefits for public interests!

Leave a feedback about this


Trending Judiciary
Need to develop law, legal education in vernacular languages: CJI [Read Speech]

CJI D.Y. Chandrachud emphasizes the need for developing law and legal education in vernacular languages to make legal systems accessible to all citizens.

15 July, 2024 09:30 AM
Trending Judiciary
CIC has powers to set up benches: SC [Read Judgement]

The Supreme Court affirms CIC's authority to set up benches, emphasizing its autonomy for efficient case management under the RTI Act, overturning the 2010 Delhi HC order.

15 July, 2024 09:42 AM
Trending Crime, Police And Law
High Court halts investigation, orders Police to register crimes under new laws [Read Order]

Karnataka High Court stays investigation, directs police to use the new Bharatiya Nyaya Sanhita instead of the old Indian Penal Code for registering crimes.

15 July, 2024 10:37 AM
Trending Judiciary
'This can't be done,' Madras HC observes on slaughtering goat with TN BJP chief on defeat in LS polls

Madras HC observes "This cannot be done" on PIL seeking action against DMK cadres for slaughtering a goat with TN BJP chief Annamalai's photo after LS poll defeat.

15 July, 2024 12:13 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email