Pension seizure for child maintenance allowed

LAHORE:

The Lahore High Court (LHC) has ruled that pension protection under the Pensions Act, 1871 cannot be used to frustrate enforcement of a final family court decree awarding maintenance to minor children.

A two-member bench comprising Justice Malik Waqar Haider Awan and Justice Malik Javid Iqbal Wains held that the pension of a retired army official could be proceeded against to enforce a maintenance decree in favour of his children.

The court observed that a child's maintenance claim was fundamentally different from an ordinary monetary debt between a creditor and debtor. A child does not become a "creditor" merely because a family court has passed a maintenance decree in his or her favour.

The ruling came on a constitutional petition filed by Muhammad Latif, who had challenged the family court's refusal to cancel non-bailable warrants issued against him and its decision to proceed with attachment of funds in his pension account. The LHC directed the executing court to proceed expeditiously and, as far as practicable, conclude the execution within 30 days of receiving a certified copy of the judgment.

The case arose from a dispute involving dissolution of marriage, recovery of dowry articles and maintenance for two minor children. In January 2014, a family court in Jaranwala directed the father to pay Rs3,000 per month to each child from the date of institution of the suit until marriage or a lawful change in custody, with an annual 10 per cent increase. A separate decree ordered recovery of dowry articles valued at Rs248,570. The decrees subsequently attained finality. During execution proceedings, the family court issued non-bailable warrants and moved to attach funds in the petitioner's pension account.