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Pensionary Benefit of Father Cannot be Exempted from Attachment Towards Payment Of Maintenance To Children – Kerala HC

2020-02-03

A father's pensionary benefits are not immune from attachment towards payment of maintenance to children. A division bench of Justice K.Harilal and Justice C.S. Dias was considering the question whether the father's pensionary benefits are exempted from being disbursed towards arrears of maintenance payable to his children.

A petition was filed in which contention was raised that the pension is immune from seizure/attachment under Section 11 of Pensions Act and Section 60 (1) (g) of the Code of Civil Procedure.

The Court said that

  • The claim of wife and children for maintenance cannot be regarded as a debt and they cannot be treated as creditors.
  • The liability of the husband/father to maintain his wife/children is statutory as well as Constitutional, falling within the sweep of Art 15(3) and Art. 39 of the Constitution of India.

The children have charge over the properties of the father and their right to be maintained by the father (petitioner) overrides all such exemptions in the law.

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