Maintenance for wife-
narayana appadu.s
(Querist) 08 September 2018
This query is : Resolved
good evening sir/sirs.
please clarify me that :
can a wife claim for her maintenance from the pension received by her husband.
Dr J C Vashista
(Expert) 08 September 2018
Yes, she can claim her maintenance. It is different issue that where from she will get it.
Incomplete information can not lead to form and opinion and oblige you.
Guest
(Expert) 08 September 2018
Pension is not for you alone. It is meant for the maintenance of whole of the dependent family members. That does not exclude wife. You have to pay for her maintenance.
Vijay Raj Mahajan
(Expert) 08 September 2018
Wife can claim maintenance from the husband from any of his financial sources but she will be awarded or not any maintenance depends on her own financial status and sources.
narayana appadu.s
(Querist) 08 September 2018
sir/sirs - i agree with your answers. and i know that i am bound to maintain her. but my query is that is there any legal right on my pension as sec.4 of Pension Act 1871 says:-
"Bar on suits relating to pensions.— Except as hereinafter provided, no Civil Court shall entertain any suit
relating to any pension or grant of money or land-revenue conferred or made by the Government or by any former
Government, whatever may have been the consideration for any such pension or grant, and whatever may have
been the nature of the payment, claim or right for which such pension or grant may have been substituted.
Guest
(Expert) 08 September 2018
Difference lies in your understanding about distinction between a suit on a person for maintenance of wife and a suit on person's pension. Suit for maintenance lies on a person, not on pension. it is up to him from where he prefers to meet with the legal requirement of maintenance, whether out of monthly pension, some other source of income, or from his savings. A legal umbrella to a pension cannot be an umbrella to a person against family laws on the pretext of earning income from a pension. Your wife and the court are concerned only with your recurring income. Even after the death of a pensioner, Government grants family pension to his wife for her maintenance till life. So, you cannot deny pension on the pretext of pension.
Dr J C Vashista
(Expert) 09 September 2018
Very well analysed and I endorse the expert advise of Mr. PS Dhingra.
I would like to add to it, pension can not be attached by the Court, which can be directed to be attached when the amount of pension is merged with other sources of income of JD.
Guest
(Expert) 09 September 2018
Dear Dr. JC vashista,
Thanks for endorsing my views. I endorse your views also about the status of merger of pension with other sources of income.
