Bom HC | Maintenance allowance granted to wife cannot be considered as debt – Exemption under S. 11 of Pensions Act, 1871 cannot be granted to husband

Bombay High Court: The Bench of M.G. Giratkar, J., partly allowed a criminal revision application by modifying the maintenance amount being provided to the wife in respect of the husband’s pension.

In accordance, the present case, the learned counsel of applicant/husband, P.K. Mishra, submitted that before retirement, the husband was getting the salary of Rs 1, 53,000 per month and after retirement, his pension was Rs 72,000 per month. Further, it was stated that the husband was not in a position to pay Rs 30,000 per month as maintenance to his wife, the reason being an exorbitant amount. He added that “As per Section 11 of the Pensions Act, 1871, the pension cannot be attached.”

Hence, the High Court on considering the facts and circumstances of the case stated that maintenance amount at Rs 30,000 per month granted by learned Magistrate appears to be exorbitant. Pending disposal of domestic violence proceedings before learned Magistrate, at this stage amount of Rs 20,000 per month towards interim maintenance appears to be proper. “Maintenance allowance granted to wife cannot be considered as debt – She is not a creditor hence exemption under Section 11 cannot be granted to husband.” Also, pensions can be attached to recover the amount of maintenance.  Therefore,

  • The criminal revision application is partly allowed.
  • Order of interim maintenance is maintained. However, the amount at Rs 30,000 per month is modified.
  • Instead of Rs 30,000 per month, the applicant shall pay Rs 20,000 per month towards interim maintenance to his wife during the pendency of D.V. Act proceedings.
  • The order of attachment of pension is hereby quashed and set aside subject to the applicant/husband clears all arrears of maintenance within a period of one month.

In view of the above, the criminal revision application stands disposed of. [Bhagwant v. Radhika, 2019 SCC OnLine Bom 607, Order dated 05-04-2019]

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