Kerala High Court Allows Attachment of Retirement Benefits for Minor's Maintenance

Court rules retirement benefits can be attached for minor daughter's maintenance, overriding exemption under Section 60(1)(g) CPC.

In a landmark decision, the Kerala High Court has held that retirement benefits of a government employee are not exempt from attachment when the claim is made by a minor daughter seeking maintenance and educational expenses. The Division Bench of Mr. Devan Ramachandran and M.B. Snehalatha, JJ, passed the judgment on November 7, 2025, in the case of Rifa Fathima v. Salim, emphasizing the fundamental legal and constitutional obligation to maintain one's minor children.

The judgment arose from a petition filed by a minor daughter, represented by her mother, against her father, a retired LD Clerk from the Panchayat Department. The petitioner claimed maintenance and educational expenses, which the father had failed to provide despite a prior maintenance order from the court. The Family Court initially dismissed the petition, citing the exemption under Section 60(1)(g) of the Civil Procedure Code, 1908, which protects retirement benefits from attachment. However, the High Court overturned this decision, ruling that the obligation to maintain minor children supersedes the employee's right to claim such exemptions.

The court highlighted that maintenance laws serve as instruments of social justice, aligning with constitutional directives under Articles 15(3) and 39, which ensure the protection and welfare of children and women. The court distinguished this case from previous judgments, noting that the claim for maintenance by a minor child differs fundamentally from a creditor's claim for debt recovery.

The court directed the Family Court to reconsider the petition, allowing the attachment of the father's retirement benefits to fulfill his statutory and moral obligations towards his daughter. This decision underscores the judiciary's commitment to upholding social justice and the welfare of minors.

Bottom Line:

Retirement benefits of a government employee are not exempt from attachment under Section 60(1)(g) CPC when the claim is made by his minor daughter seeking maintenance and educational expenses, as the obligation to maintain one's minor children is a fundamental legal and constitutional duty superseding the employee's right to claim exemption.

Statutory provision(s): Section 60(1)(g) of the Civil Procedure Code, 1908, Articles 15(3) and 39 of the Constitution of India.

Rifa Fathima v. Salim, (Kerala)(DB) : Law Finder Doc Id # 2806199