IMPORTANT POINT
Funds inherited by a legal heir are subject to attachment for maintenance arrears, as they are considered movable property under the Code of Criminal Procedure.

JUDGMENT :

Mr. Sumeet Goel, J.

Present petition has been filed under Section 482 of the Code of Criminal Procedure against the order dated 04.02.2023 passed by learned Principal Judge (Family Court), Faridkot vide which the learned Family Court has ordered for attachment of an amount of Rs.5,12,000/-, on account of payment due by the petitioner, towards arrears of maintenance to respondents.

2. Facts germane to the adjudication of the present petition are that the marriage of petitioner was performed with respondent No.1 on 29.04.2017. Out of the wedlock of petitioner and respondent No.1, a girl child (respondent No.2) was born. However, various disputes started arising between the parties. Resultantly, the respondent No.1 lodged an FIR bearing No.193 dated 30.11.2018 under section 498-A, 406, IPC. The petitioner has filed a divorce petition against the respondent No.1, which is stated to have been allowed by the learned Family Court, Faridkot on 09.03.2023. Respondents i.e. wife and minor daughter of the petitioner, filed an application under Section 125 of the Code of Criminal Procedure, seeking maintenance, against the petitioner. The said application bearing No.02/03.01.2019 was allowed on 14.11.2022. The petitioner was directed, by the learned Family Court, Faridkot, to pay an amount of Rs.6000/- to respondent No.1; and an amount of Rs.5,000/- to respondent No.2; per month as maintenance. Besides that the learned Family Court also fastened the liability on the petitioner to pay the arrears of interim maintenance due, in furtherance of order dated 14.11.2019 passed by it.

3. The respondents filed an execution petition bearing CRM-20-2023, before the learned Family Court, seeking realization of the maintenance awarded to them under Section 125 Cr.P.C. In the said execution petition it was contended on behalf of the respondents, that the petitioner is in arrears of Rs.5,12,000/-, towards maintenance, for the period from 03.01.2019 to 02.11.2022. The learned executing Court was apprised that the petitioner would be receiving Rs.20,00,000/- out of the retirement dues of his mother, being her only legal heir. In pursuance to the same the learned Principal Judge (Family Court), Faridkot, vide order dated 04.02.2023, ordered for attachment of Rs.5,12,000/- out of the said amount to be received by the petitioner.

4. Feeling aggrieved of the above order dated 04.02.2023 passed by the learned Family Court Faridkot, the petitioner sought to challenge the same with the averments that the respondent No.1 has been granted maintenance despite her being BCA graduate and MCA post graduate. The petitioner has been granted decree of divorce by the learned Family Court. The petitioner was unemployed till the end of year 2022 and thereafter, he got employed with Municipal Corporation Abohar, but has not yet received any salary.

5. All the above mentioned pleas of the petitioner, simply made qua the entitlement of respondent to seek maintenance, pales into insignificance for the reason that, the order dated 14.11.2022 passed by the learned Family Court, granting maintenance to the respondents is not subject matter of adjudication of present proceedings. The merits of order dated 14.11.2022 in the absence of challenge to the same, cannot be gone into by this Court. The order dated 14.11.2022 having been passed by the Court of competent jurisdiction is to be complied with by the petitioner.

6. However, in the present petition the petitioner has challenged the order dated 04.02.2023 passed by the learned Family Court in execution case, with the averments that the impugned order dated 04.02.2023 is illegal, in as much as it has ordered for the attachment of retirement dues of his mother. It is argued on behalf of the petitioner that retiral benefits of a person cannot be attached in the execution of any decree. To buttress his argument reliance has been placed on the judgment passed by Hon’ble Supreme Court in, Civil Appeal Nos.6440-41 of 2008 Special Lea