125 crpc
Querist :
Anonymous
(Querist) 15 January 2020
This query is : Resolved
Whether pensionary benefits can be withhold of the husband during pendency of the Suit under section 125 CrPC against that husband. Please send me case laws in affirmative from the side of wife.
Sb Karma
(Expert) 15 January 2020
it's depend on grounds ,and department to department
yes department can hold/freeze it until case solved,but with valid grounds only.
SHIRISH PAWAR, 7738990900
(Expert) 15 January 2020
Dear sir,
For recovery of maintenance amount pension account can be freeze.
Regards,
Raj Kumar Makkad
(Expert) 15 January 2020
Yes is the sole answer to your query.
Partly allowing the criminal revision application filed by Bhagwan Narnaware (59) of Amravati against the grant of interim maintenance to his wife, Radhika (47), Justice M.G.Giratkar at the High Court here, has ruled that pension of the husband can be attached to recover the amount of maintenance payable to the wife.
The HC has maintained the order granting interim maintenance to the wife, passed by the Magistrate in the proceedings under the Domestic Violence Act pending before the court below, with the modification that instead of Rs 30,000/-the applicant should pay to his wife Rs 20,000/- per month towards maintenance, during the pendency of the D.V. Act proceedings.
The HC has quashed the order for attaching the pension of the husband and set it aside subject to the applicant-husband clearing all arrears of maintenance within one month from the date of this judgment.
Disposing of the revision application the HC has directed the court below to decide the DV Act proceedings within 3 months from the date of receipt of a copy of this judgment.
Adv. P.K. Mishra appearing for the applicant-husband referred to section 11 of the Pensions Act, 1871 and urged that pension cannot be attached.
Responding to the contention advanced on behalf of the applicant-husband, the HC has stated that the section11 shows that in civil dispute pensions cannot be attached at the instance of creditors. But as the wife is not a creditor, exemption under section 11 cannot be granted to the husband - (1985) 12 Cri LT 219. The commentary cited by the applicant's counsel itself shows that pensions can be attached to recover the amount of maintenance.
krishna mohan
(Expert) 16 January 2020
Well advised by Mr.R.K.Makka. Nothing more to add.
T. Kalaiselvan, Advocate
(Expert) 24 January 2020
Maintenance allowance granted to wife cannot be considered as debt – She is not a creditor hence exemption under Section 11 of the pensions act, 1871, cannot be granted to husband.” Also, pensions can be attached to recover the amount of maintenance.
The HC of Bombay in its latest judgment on the subject has given a verdict on the following lines:
After examining Section 11 of the Pensions Act and submissions made by both parties, the court said:
"The above said Section shows that in civil disputes pensions cannot be attached at the instance of creditors. 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."
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."
Thus, the bench partly allowed the said revision application and modified the amount of maintenance ordered to be paid by the magistrate.
