Whether monthly pension received by judgment debtor is exempt from attachment in execution of decree?

In the light of the decisions cited supra, I am of the view that the petitioner/judgment debtor who receives a monthly pension of Rs. 12000/- will be treated as capital income and when it reaches the hands of the petitioner, it will be treated as his income. The contention of the petitioner that the monthly pension received by him cannot be considered as his income and it is exempted from attachment has no relevance in the light of the aforesaid decisions. Moreover, there is absolutely no evidence to prove that the other members of his family are depending fully on the petitioner. The attempt of the petitioner is to avoid payment of the decree debt to the respondent and this kind of nature of the petitioner/judgment debtor cannot be accepted by a court of law. In the result, this petition fails and the same is accordingly dismissed.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP(C) No. 771 of 2015

Decided On: 21.05.2018

 Muralee Mohan Pillai Vs.  T.V. Varghese

Hon'ble Judges/Coram:
Annie John, J.

Citation: AIR 2019(NOC) 41 Kerala

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