The revision application filed by a former public servant, Bhagwant Narnaware against an order of interim maintenance by a magistrate claimed that the magistrate exceeded his jurisdiction by passing an order of attachment of pension.
In the matter of Bhagwant Narnaware vs. Radhika Narnaware (CRA no. 202 of 2018) the petitioner relying on section 11 of the Pensions Act, 1871 stated that pensions cannot be attached to recover the amount of maintenance to wife and after retirement, he is not in a position to pay an Rs. 30,000 as maintenance to his wife. He requested to reduce the maintenance amount to Rs. 20,000.
The respondent’s advocate made a submission that pensions can be attached for payment of maintenance amount and the husband cannot claim exemption as the wife is not a creditor and the maintenance provided to her is not a debt. He further submitted that the petitioner/ husband is a well-settled person getting a monthly pension of Rs. 72,000/- and is receiving Rs. 20 lacs as pensionary benefits and have two houses.
The Hon’ble Justice, Murlidhar Giratkar, held that even though pension granted by the government to an employee who worked in public sector cannot be attached in a civil dispute yet it can be seized for payment of maintenance to wife. Considering the petitioner/ husband contentions the bench held that being a retired person the husband is not able to pay an amount of Rs. 30,000. The wife is also running a beauty parlor so the amount of maintenance is reduced to Rs. 20,000.
The judge disposed of the petition by reducing the maintenance amount from Rs. 30,000 to Rs. 20,000.
The domestic violence proceedings against the husband are still pending.
LEGAL NEWS WRITER- PRAGATI SRIVASTAVA.