Can court attach my pension or arrest me for maintenance?
I am a pensioner and 73 years old. A maintenance case was filed against me in 2018. The court has ordered that maintenance be paid starting from May 2023. I am currently spending a significant amount on health-related medicines and tests. Given my situation, will the court attach my pension or assets? Could I be arrested?
Dear client, Your pension won’t be attached since it is protected from direct attachment under Section 60(1)(g) of CPC. Considering the age, health and financial condition, the court is more likely to refrain from going to the extent of arresting you. File an application under section 127 of CrPC seeking a either a concession or cancellation if you are completely unable to pay the maintenance due to legitimate reasons. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
Since you are 73, a pensioner, and have high medical expenses, you can file an application in court to reduce the maintenance amount. Courts usually consider age, health, and limited income. Pension is generally protected from attachment. As long as you honestly show your financial condition, the court is unlikely to arrest you. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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