Manish (Teacher) 04 April 2016

Help regarding execution

In 2012 my wife filed a dv complaint against me which was compromised in the Ld. Court and she started living alone with my 2 daughters. In dv order it is mentioned that she doesn’t want anything except that she wants to live alone in the govt. quarter issued to her as she is a govt. servant. I myself agreed to pay Rs 3000/-(Rs 1500/- per child) and in orders it is written that

“Its pertinent to mention here that petitioner doesn’t want anything but respondent on his own free will want to give monthly expenses to his children.”

After that she filed a 498 against me and my father.

In between she got herself transferred to her parental place and is living in her govt. accommodation there with her parents.

I am a teacher and I filed an application under section 25 for the modification of the above said order to the extent that I can take my kids with me in the vacations as me and my kids both are having 3 months vacations together.

She filed number of complaints against me again in the Police station but after enquiry police closed the files as the complaints were false. I got the RTIs of those complaints where it is clearly written that complaints are false.

Then she filed maintenance case under section 125 against me in which I further stated on my own will that I will give Rs 6000/- (Rs 3000/- per month to my children ) and the same is also mentioned in the order of 125.

I started paying Rs 6000 PM but after 3 months she filed an execution where she demanded Rs 3000/- which I was paying on my own will in the starting and Ld. Judge without even reading our reply passed the order in her favor and also passed the order against me in section 25. Further I went into appeal in both the orders.

In between she called me up and I went to her place and co-habited. She showed her willingness to live with me and told me that its difficult to survive for her in this expensive world and assured me that she will got herself transferred back in near future and trapped me to give her Rs 18000 per month for the sake of kids.

I trusted her and in the appeal the matter was compromised and I started paying Rs 18000 PM. I transferred the money 18000 in her account before the order passed by Ld. Court. The order was passed on – 07-03-2015 and I transferred the money on 04-03-2015.

After that my kids visited me twice in their vacations but in July she filed a divorce case. I stopped the payments. (18000)

Now she filed an execution under section 128 and praying the court to attach my salary if I will not make the payments. I am paying her in the court around 10000 PM and dragging the execution case.

I also appealed in the HIGH COURT to stay the execution and also prayed that either the High court after seeing the circumstances revert my appeal case to the session court for arguments where I was paying 6000 and contesting for 3000 or High court shall pass a order to reduce the maintenance to Rs 9000/-PM.

Hence I am dragging the execution and paying the amount in court and waiting for the high court order.

NOW MY QUERY IS – CAN LD. COURT ATTACH MY SALARY AS I AM WORKING IN A PRIVATE SCHOOL AND IT IS AN AUTONOUMOUS BODY AND SCHOOL IS NOT TAKING ANY AID FROM THE GOVT.

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(Guest)

As yours is a private job in private school which is non-aided school, your salary cannot be attached, as you do not have regular source of income like govt employees. At the most if your wife files for execution, court can attach any property in your name for recovery of old balance, that too if you do not pay maintenance at all. Now that you are already paying, and the balance if any will be decided on prorata basis, like total alimony due minus what you have paid = current alimony/maintenance due. And that due maintenance if it is too much and beyond the capacity of your financial resources, court may order for auction of any property in your name, and give proceeds to your wife and kids.

If you dont have any property and cannot pay the balance, then you can be sent to judicial custody for 1 month for not paying balance, and if you go sit in jail for 1 month, old balance is written off and you need not pay anything to her.

Manish (Teacher) 04 April 2016

Dear Helping Hand

1. What if court passes an order to attach my salary then what my school will do?

2. My salary comes through State bank of patiala and I am entitled for Gratuity and P.F.

3. School is deducting my PF from my salary monthly.

If an order is passed to deduct the maintainance from my salary will school will attach the salary or will reply the court that as the school is not a party in this case and its a matrimonial dispute hence school is not bind with the court orders.

and

if the above mentioned order is passes then will the onus regarding my salary is upon the 2nd party?

I cant afford to go to 1 month custody as it will negatively affect my future / career / job.

Thanks and regards