125(3) cr.p.c.
A.K.Monga Advocate
(Querist) 20 April 2012
This query is : Resolved
whether pension of an employee can get attached for the recovery of arrears of maintenance amount under Section 125 Cr.P.C.
Devajyoti Barman
(Expert) 20 April 2012
The magistrate has no power of attachment in a execution proceeding u/s 125(3) crpc.
Adv.R.P.Chugh
(Expert) 20 April 2012
Dear Querist,
The Magistrate has the the power to get attached/sold moveable as well as immoveable properties of the defaulter u/s 125(3) r/w S.421 CrPC.
But pension & gratuity, in my view, is not attachable. (In this regard S.60 proviso of the CPC be referred). I would like seniors to clarify on this.
Advocate Bhartesh goyal
(Expert) 20 April 2012
I do agree with Mr Bharat Chugh.Pension & gratuity can not be attached in execution.
Devajyoti Barman
(Expert) 20 April 2012
Yes I must stand corrected.
Before issuing the W/A in execution proceeding u/s 125(30, the court needs to first take resort to attachment of moveable property by issuance of Distress Warrant.
The Magistrate however can not attach the moveable assets.
However Pension does not come under the purview of this provision though the regular salary does come under it.
PARTHA P BORBORA
(Expert) 20 April 2012
I support the view of ld. Exp Mr. BARMAN.
Shonee Kapoor
(Expert) 20 April 2012
I differ a bit with ld. Barman and Chugh.
Pension is also an income and hence can be attached.
Atleast one instance I have heard when a person had complained that his pension was attached by the court.
Though I agree that gratuity and PF can not be attached.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 21 April 2012
nice interpretation given by shonee sir., even i cant support him blindly.. have to work out this., then we may decide it.,
i will back here., if its possible.,
-tom-
SAINATH DEVALLA
(Expert) 21 April 2012
125(3) crpc.
Pension, gratuity cannot be attached for debt recovery: SC
The court passed the ruling while quashing a Rajasthan High Court ruling which had ordered attachment of the retirement benefits of a guarantor in a mortgage deal
ashutosh mishra
(Expert) 21 April 2012
It seems to be a serious question????
And not a funny one !
How can a criminal court have powers beyond the civil court to attach what a civil court does not have.
A.K.Monga Advocate
(Querist) 01 May 2012
wether the following citation is applicable for my above query - 2002(2) CCC 719 (P&H) titled as 'Ram Kanvar Versus M/s Ram Richhpal Banarsi Dass -
