Retirement benefits, such as pension and gratuity, are attachable in maintenance proceedings, observed the High Court of Kerala in Rifa Fathima v Salim [2025:KER:84776].
Section 60(1)(g) and Order 38 Rule 5 of the Code of Civil Procedure, 1908, do not apply to an attachment sought by a daughter, as the daughter is a family member.
The above provisions protect the pensioner only from a creditor who is seeking debt recovery.
