
Whether Pension Can Be Attached In Execution Of Maintenance Order Granted To Wife? Punjab & Haryana High Court Refers To Larger Bench
Live LawThe Punjab & Haryana High Court has referred the question to larger bench on whether pension of the judgement-debtor in execution proceedings arising from maintenance order can be attached.Justice Harpreet Singh Brar explained that neither the maintenance allowance granted to the wife or minor children can be considered to be a 'debt' nor the wife or minor children can be considered to. The Punjab & Haryana High Court has referred the question to larger bench on whether pension of the judgement-debtor in execution proceedings arising from maintenance order can be attached. However the Court came across the conflicting decision of the co-ordinate bench in Om Parkash Vs. Javitri Devi, wherein a contrary view was taken and it was held that the pension of a person is exempt from attachment for the realisation of the maintenance amount in view of Section 11 of the Pension Act and Section 60 of CPC. Thereafter, the Family Court, directed the attachment of half of amount lying in the pension account of the petitioner till further orders for the realisation of arrears of maintenance towards his wife and children.
History of this topic

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