125/(3) crpc

Querist : Anonymous (Querist) 05 June 2025 This query is : Resolved
Sir(s) I have filed Crl R C. in HC in the Month of February 2025 which was dismissed as withdrawn with no leave or permission to file again.
Sir(s) the husband had to pay Rs.84000/- as pending arrears during his lifetime but unfortunately because of the illness died in the month of December 2023.
Sir(s) the wife had already filed 125(3) till 30 June 2021 and, the Honorable court attached pension of the husband.
As the husband was postal employee the pension was recovered till his death.
I have filed for recovery of Rs.84000/- in the month of January 2025 which was dismissed by the trial court - Also revision filed in HC was dismissed as withdrawn by HC
Sir(s) please advice how to recover family pension and also the pending arrears of maintenance - as the postal department has stopped the pension.
Also the husband had married three more wife's during the lifetime of the first wife and had nominated the minor daughter of the second wife.
Please give me your valuable guidance for which I would be ever grateful.

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Quick Summary

This discussion addresses the difficult situation of recovering pending maintenance arrears and family pension after the death of the husband. While a deceased person cannot be sued for maintenance, the court may allow attachment of the deceased's pension balance or estate to recover outstanding amounts. However, a previously withdrawn revision petition in the High Court without leave to refile may prevent further litigation on the same matter, suggesting the need for consultation with a local legal expert.

T. Kalaiselvan, Advocate (Expert) 06 June 2025
You have already approached high court for relief and the same was dismissed by high court
It is not known that for what reason did you withdraw the revision petition.
You cannot demand maintenance amount from a dead person.
No doubt a government employee's pension can be attached by a court to recover maintenance for their wife. While the Pension Act 1871 generally protects pensions from attachment, courts have ruled that maintenance awarded to a wife is not considered a "debt" and therefore falls outside the purview of this protection.
However the family pension of a deceased government employee can be attached by a court for maintenance payments to the surviving wife after the employee's death, can be a significant source of income for the widow.

Dr. J C Vashista (Expert) 06 June 2025
You have already withdrawn your petition from High Court, implies that you have accepted the order/ judgment passed by lower court.
Since no relief of re-filing has been sought/ granted, the order of lower court attained finality, no further litigation on the subject.
Deceased cannot be sued.
Pension of deceased shall stop since the day pensioner died. However, balance in his account may be attached by the executing court. Besides this, balance amount of award can be recovered from estate of deceased.

Querist : Anonymous (Querist) 29 June 2025
Sir(s) very Good afternoon, Whether I can approach Honorable High Court again for the same relief by filing W.P. for the recovery of the pending arrears of maintenance amounts including family pension, as the maintenance amount to be recovered from the respondent husband before his death is still pending.
Please advice.
Sir(s) I am advocate practicing in Hyderabad.

T. Kalaiselvan, Advocate (Expert) 29 June 2025
As the husband has expired in the year 2023 and the arrears of maintenance is to be paid up to the date of his death.
Even if you are filing a petition, against who will you be able to file the collection petition for arrears of maintenance?
As you have already withdrawn the petition before high court without leave to file a fresh petition, how will a new petition on the same cause of action will be maintainable.?
No petition will be entertained by high court.
You may pursue the normal route for the reliefs.

Dr. J C Vashista (Expert) 30 June 2025
You have adequately been advise and obliged by experts.
If you are not satisfied you will have to seek services of a local prudent lawyer for proper analyses of facts and circumstance of the case, professional advise and necessary proceeding which cannot be presumed / generalised .

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