April 12,2019:
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.
Hence the contention advanced by the applicant -husband's counsel is not "digestible".
According to the Court, the maintenance amount at Rs 30,000/- per month awarded by the court below to the wife was exorbitant, hence it reduced it to Rs 20,000/- per month. Advocate P.K.Mishra appeared for the applicant-husband. Advocate S.J.Kadu represented the non-applicant wife.
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