Claim of maintenance
KmeduVishnu
(Querist) 30 August 2012
This query is : Resolved
Dear Experts,
In a maintenance case, the family court awarded maintenance amount infavour of wife and 2 daughters. Against which the husband/father preferred an appeal before Madras High Court. Finally the High Court dismissed his appeal and confirmed the Orders passed by the Family Court.
Now the wife and 2 daughters filed petition under Section 128 of Cr.P.C for the enforcement of maintenance order.
But the respondent who claimed that he had retired from the Mill during the month of July, 2012 as such now he has no sources of income to pay the maintenance amount.
In reality, he has no sources of movables or immovables in his favour except the "Retirement Benefits" to be received from the Mill in next month.
My doubt is whether the wife and 2 daughters may file a suit for injunction against the Mill Management to stop the payment of "Retirement Benefits" to the respondent.
Because the wife and 2 daughters have no other sources to claim maintenance amount from him.
Kindly advice me in this regard.
Thanking you in advance to the Experts.
Devajyoti Barman
(Expert) 31 August 2012
His retiral benefits including pension is liable for attachment but to certain limit only.
So go for that relief.
Non disbursal of pension or other benefits would not help you getting monetary reliefs.
Moreover after his retirement , the quantum of maintenance is liable for alteration u/s 127 crpc.
