Maintenance To Wife Not A Debt, Husband's Pension Not Exempted From Attachment Towards Payment Of Arrears

 

Maintenance To Wife Not A Debt, Husband's Pension Not Exempted From Attachment Towards Payment Of Arrears: Madras High Court

Case Title: P Amutha v Gunasekaran

Citation: 2023 LiveLaw (Mad) 36

The Madras High Court has held that the maintenance allowance that is granted to the wife would not come within the purview of debt and thus, the pension of the husband is not exempt from attachment towards payment of arrears of maintenance.

Highlighting that maintenance is a social justice to prevent destitution and vagrancy, Justice V Sivagnanam observed,

"Lawful claim due to a woman in distress should not be denied heartlessly and lawlessly. The conscience of social justice, the cornerstone of our constitution will be protected. Therefore, I hold that the maintenance allowance granted to wife cannot be considered as a debt and she is not a creditor. Hence, exemption under Section 11 of the Pension Act 1871 as well as the exemption provided in Section 60(1)(g) of Civil Procedure Code, cannot be granted to husband."