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True Colors of a Vile Wife

Tag: Bhagwant Narnawre Vs Radhika Narnawre

P Amutha Vs Gunsekaran on 23 Dec 2022

Posted on December 1, 2023 by ShadesOfKnife

A single judge of High Court of Madras held that maintenance allowance granted to wife cannot be considered as debt as she is not a creditor.

From Para 9 (cites Bhagwant Narnawre Vs Radhika Narnawre and Ashokbhai Devsingbhai Chauhan Vs Taraben Ashokbhai Chauhan),

9. Further , some issue has been considered by the High Court of Gujarat at Ahmedabad in ‘Ashokbhai Devsingbhai Chauhan /vs/ Taraben Ashokbhai Chauhan’. In that case, the Principal Family Court, Ahamedabad directed the Bank of Baroda, Science City Branch, to deduct Rs.30,000/- per month from the pension account of the husband and credit to the account of the wife towards the maintenance amount in arrears. After considering the judgments, viz., (1) Om Prakash /vs/ Javitri Devi (Manu/PH/2052/2017 : 2018(1) DMC 462), (2) Vasanthi Devi /vs/ Vijaya Bank, Ashok Nagar Branch, Mangalore, (Manu/KE/0484/1997 : 1997(2) KarLJ 351, (3) Union of India /vs/ Wing Commander R.R.Hingorani (Retd.) (MANU/SC/0572/1987 : 1987 1 SCC 551) and also considering the above said Bombay High Court judgment, finally, held Section 11 of Pension Act 1871 cannot be attracted and as a wife cannot be treated as creditor as provided under the Pension Act and upheld the order of attachment of pension passed by the Family Court for collection of pension amount.

P Amutha Vs Gunsekaran on 23 Dec 2022

Citations:

Other Sources:


Index of Maintenance Judgments under Section 125 CrPC here.

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ashokbhai Devsingbhai Chauhan Vs Taraben Ashokbhai Chauhan Bhagwant Narnawre Vs Radhika Narnawre Catena of Landmark Judgments Referred/Cited to P Amutha Vs Gunsekaran | Leave a comment

Bhagwant Narnawre Vs Radhika Narnawre on 05 Apr 2019

Posted on December 1, 2023 by ShadesOfKnife

A single judge of Nagpur bench of Bombay High Court held that maintenance allowance granted to wife cannot be considered as debt as she is not a creditor.

From Para 4,

4. Learned counsel Shri P.K.Mishra for the applicant/husband pointed out Section 11 of the Pensions Act, 1871 and submitted that pensions cannot be attached. The said Section 11 is reproduced herein below:
“11. Exemption of pension from attachment.No pension granted or continued by Government on political considerations, or on account of past
services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance.
shall be liable to seizure, attachment or sequestration by process of any Court a[***] at the instance of a creditor, for, any demand against the pensioner, or in satisfaction of a decree or order of any such Court.
b[This section applies a[***] also to pensions granted or continued, after the separation of Burma from India, by the Government of Burma.]
[a] The words “in Part A States and Part C States” were omitted by S.2 A.L.O., 1956 (1111956).
[b] Inserted by A.O., 1937 (141937).
[c] That is, on or after 141937.”
The above said Section shows that in civil disputes pensions cannot be attached at the instance of creditors. Commentary relied on by learned counsel for the applicant/husband at serial No.16 under head of attachment shows that, “maintenance allowance granted to wife cannot be considered as debt – She is not a creditor hence exemption under S.11 cannot be granted to husband. (1985)87 Punk LR 682 : (1985) 12 Cri LT 219”. The said commentary itself shows that pensions can be attached to recover amount of maintenance. Hence, the stand taken by learned counsel for the applicant/husband that pensions cannot be attached is not digestible.

Bhagwant Narnawre Vs Radhika Narnawre on 05 Apr 2019

Citations:

Other Sources:


Index of Maintenance Judgments under Section 125 CrPC here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Bhagwant Narnawre Vs Radhika Narnawre | Leave a comment

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