Summary Lahore High Court rules that a retired military officer’s pension can be attached to enforce a final maintenance decree in favour of minor children.
LAHORE (Dunya News) — The Lahore High Court has laid down an important legal principle, ruling that a retired military officer’s pension can be attached to enforce a final maintenance decree issued by a Family Court in favour of minor children.
The court clarified that maintenance for minor children is not an ordinary financial claim arising from a debt, but a legal and familial responsibility of the father. Therefore, legal provisions protecting pensions from attachment cannot be applied in a manner that prevents enforcement of a final maintenance decree issued in favour of minor children.
A bench comprising Justice Malik Javed Iqbal Venus and Justice Malik Waqar Haider Awan dismissed a constitutional petition filed by Muhammad Latif. Justice Waqar Haider Awan authored the eight-page written judgment.
The petitioner had challenged a September 17, 2019 decision of the Family Court Jaranwala, which had rejected his plea seeking removal of the attachment on funds in his pension account and cancellation of his non-bailable arrest warrants.
According to the judgment, the petitioner’s former wife had filed cases seeking dissolution of marriage and return of dowry articles, while the minor children sought recovery of maintenance. The cases were consolidated, and on January 22, 2014, the Family Court ordered the father to pay monthly maintenance of Rs3,000 to each child, with a 10 percent annual increase. It also issued a decree for the return of dowry articles worth Rs248,570, excluding gold ornaments.
After appeals against the decision were dismissed, the decree became final. The decree-holders subsequently approached the court for enforcement, following which the Family Court issued non-bailable arrest warrants and initiated proceedings to attach funds available in the petitioner’s pension account.
The legal question before the high court was whether the pension of a retired military officer could be attached to enforce a final maintenance decree in favour of minor children when pensions and certain military dues are protected from attachment under the Pension Act 1871, Pakistan Army Act 1952 and the Code of Civil Procedure.
The Lahore High Court observed that Section 13 of the Family Courts Act 1964 provides a special mechanism for enforcing decrees issued by Family Courts. In cases involving monetary decrees, the law allows an effective method for recovery when the amount is not paid within the prescribed period.
The court held that a child’s maintenance is not a claim for repayment of a loan or debt extended to an individual, but a legal obligation arising from the relationship between a father and child. A Family Court decree determines and provides a mechanism to enforce that pre-existing obligation.
The court also referred to Islamic principles and cited verse 233 of Surah Al-Baqarah, under which the father is responsible for providing food and clothing for his children according to his means.
It held that the right of a minor child to receive maintenance and the corresponding responsibility of the father are recognised not only under Islamic principles but also under Pakistan’s legal system.
The court further ruled that Section 11 of the Pension Act 1871 cannot be applied to a final maintenance decree in favour of minor children in a manner that makes enforcement of the decree impossible.
The Lahore High Court concluded that merely being a pensioner does not entitle a person to exemption from enforcement of a final maintenance decree issued in favour of minor children.
