Attachment of pension(defence officer) by family court
SANJAI KUMAR SINGH
(Querist) 17 September 2011
This query is : Resolved
I have not been able to pay the backlog of the Maintenance amount set by the Family Court and the High Court of Rajsthan and am paying in bits and pieces in installments,borrowing/begging from friends.The amount set by the Court is 2000/- per month and the balance is still about 30,000/-.I am paying about 5,000/- to 6,000/- every month,depending on how much i can accumulate. The Court has threatened to attach my Pension and is about to issue a decree to that effect. Can the Family Court do that ?? My Pension is my only source of income,and being 70 years old and perpetually sick ,unable to get a job. Please advise.
WG.Cdr. (retired) S.K. Singh
Raj Kumar Makkad
(Expert) 17 September 2011
Pension cannot be attached more than 1/3 share so you should not worry. I think your 1/3 pension shall not exceed Rs. 5000/- per month.
SANJAI KUMAR SINGH
(Querist) 17 September 2011
Thank you Mr Rajkumar for your prompt reply.I appreciate that.Is theer not any law to the efffect that Defence persons pensions are invioalte and outside Judicial purview ? The Air Force Act of 1951 stated that a SERVING Officer's salary could not be attached. Is there any kind of co relation between that ?Could you pl check if any such relief has come into force for Retired personnel.?Or one could apply to some Court of appeal agaist such a draconian order ? Thanks
Wg Cdr. S K Singh Rtd.
prabhakar singh
(Expert) 17 September 2011
Mr. Makkad is right.BUT prob still required.
SANJAI KUMAR SINGH
(Querist) 18 September 2011
Dear Mr Makkad, I have one more query for you, and that is how/where did you get this figure of 1/3 of Pension ? Normally the formula for maintenance is 1/5 of income or if wife is also earning then it is Husband-wife and a % of that.If there is a ruling to that (1/3 of Pension) effect pl let me know, so that i can study it in depth.Thanks
SKSingh
Arvind Singh Chauhan
(Expert) 18 September 2011
In addition to all expert's advice I have to recall that, While I was doing my Ll.b One judgment came to my notice in which, SC has said Pension is fundamental right of employee. But This judgment is escaping my notice now. If any body has please provide here.
Following observation of Honourable SC may also be help full to you, though matter is different.
Attachment of Fix deposit in bank made out of the pension and gratuity- Barred under Proviso of Sec 60(1) proviso (g) of C.P.C.- Gratuity payable, not liable to attachment for satisfaction of court decree- Retiral benefits, pension and gratuity, not lose their character, even after they received on retirement and continue to be covered by Proviso of Sec 60(1) proviso (g)- The fact that gratuity and pensionary benefits had been received in cash by beneficiary and converted in to Fix deposits- It could not be said that they could no longer be identified as such retiral benefits paid to him- SC-UAD-2009-232.
SANJAI KUMAR SINGH
(Querist) 18 September 2011
Dear Mr.Arvind,thank you for your interest and the very valuable piece of info that you have put forth.Logic has it that if gratuity an PF ( apparently), are not liable to attachment ,then Pension should be even more so !! Because that is the Father of both.Hoever a concrete ruling would be most helpful. as such anyone having this information is requested to help out.Thanks.SKSingh
Guest
(Expert) 18 September 2011
Dear Sanjay,
You are probably confusing your ownself by posting questions and then mix-up of answers also with them to confuse the issue of pension, gratuity and PF. I think better you post your real query about the problem faced by you, like when the maintenance was fixed in your case? What was the amount of maintenance fixed by the court to be paid? What was your income at that time when maintenance amount was fixed? What is your pension now?
Mr. Makkad has rightly advised you. Doubtlessly, Pension is attachable. but not more than 1/3 for the purpose of maintenance. PF and gratuity are exempt from attachment. Moreover, if you are already 70 that issue would already have been closed, being more than 10 years old having already received your PF money and gratuity. So, where does the question of attachment of PF and gratuity arises in your case.
If your pension is not sufficient to meet with the maintenance amount, why don't you approach the court to revise the maintenance amount with reference to your present income?
