Case Note & Summary
The case involves a criminal revision application filed by the husband, Bhagwant Narnawre, against an order of the learned Magistrate directing him to pay interim maintenance of Rs.30,000 per month to his wife, Radhika Narnawre, under Section 125 CrPC. The husband, a retired government servant, was previously earning Rs.1,53,000 per month as salary but after retirement receives a pension of Rs.72,000 per month. He challenged the order on two grounds: first, that pension cannot be attached under Section 11 of the Pensions Act, 1871, and second, that the maintenance amount of Rs.30,000 was exorbitant given his reduced income. The wife contended that pension is attachable for maintenance and that the husband had sufficient means, including receipt of Rs.20 lacs as pensionary benefits and ownership of a house. The court analyzed Section 11 of the Pensions Act, 1871, which prohibits attachment of pensions, but held that this bar does not apply to maintenance orders under Section 125 CrPC, as maintenance is a social justice measure. The court also considered the husband's reduced income and reduced the interim maintenance from Rs.30,000 to Rs.20,000 per month, effective from the date of the application. The revision application was partly allowed.
Headnote
A) Family Law - Maintenance - Attachment of Pension - Section 125 CrPC, Section 11 Pensions Act, 1871 - The court held that pension is attachable for payment of maintenance under Section 125 CrPC, as the Pensions Act does not bar attachment for maintenance. The husband's pension of Rs.72,000 per month and receipt of Rs.20 lacs as pensionary benefits indicated sufficient means. (Paras 4-5) B) Family Law - Interim Maintenance - Quantum - Section 125 CrPC - The court reduced interim maintenance from Rs.30,000 to Rs.20,000 per month considering the husband's reduced income after retirement (from Rs.1,53,000 salary to Rs.72,000 pension). The wife's need and husband's capacity were balanced. (Paras 5-6) C) Criminal Procedure - Opportunity of Hearing - Order Below Exhibit 5 - The court noted that the Magistrate passed the order without giving an opportunity of hearing to the husband, which was improper, but since the matter was heard finally, the defect was cured. (Para 6)
Issue of Consideration
Whether pension can be attached for payment of maintenance under Section 125 CrPC despite Section 11 of the Pensions Act, 1871, and whether the interim maintenance of Rs.30,000 per month was excessive.
Final Decision
The revision application is partly allowed. The order of interim maintenance is modified from Rs.30,000 to Rs.20,000 per month, payable from the date of application. The order of attachment of pension is upheld as pension is attachable for maintenance.
Law Points
- Pension is attachable for maintenance under Section 125 CrPC
- Section 11 of Pensions Act
- 1871 does not bar attachment for maintenance
- Interim maintenance can be reduced based on change in income
- Opportunity of hearing must be given before passing order of attachment
