Salary attachment

Originally posted by : TrkpeTrk
	wife has filed for 125 crpc in 2014. Interim for 28,000 ordered in 2015 . Current case stage is cross of the petitioner. Till now i have paid 70% of total interim amount. Wife has filed for recovery of arrears under 127 and has also filed for salary attachment. My Q is is that considering the situation will court order for attaching salary. If so what will be the procedure

You need not worry about the procedure, if you are defaulter, then court will give you sufficient time to pay up, if you dont and if there is a petition from your wife to attach your salary, they court will attach your salary, whatever the court has ordered that much will be deducted at source.  No escape.  Only escape is resignation from your post.  Then too, you are not free of liability towards your wife.  Court will sell off any property in your name and auction it. Give the proceeds to your wife or handover the property itself to your wife.  If you try to transfer it now or would have transferred the property just before you entered court, still court will grab the said property which you tried to hide.  If you had sold it off before you entered court, you have fair chance of investing it somewhere else in someone elses  name.

The Court may attach that part of salary that is sufficient for maintenance.  You can not avoid that unless you make arrangement for settling the amount otherwise.

The points have been explained by Mr. Helping Hand and Mr. G.L.N. Prasad.

Strike and forge rapport, goodwill with line management and HR of current employer and avoid any situation to precipitate that leads to demand of resignation or termiantion.

If you succeed in keepng your job, employment, employ-ability intact then you will have source of funds for everything.

Employers and bosses are known to support.

Another Prespective: Employers and bosses are quick to realize that employees facing litigation are expected to stay and work and deliver.

Dear experts thanks for your replies. I gained some important infomration. It seems to me that when a particular judge will order for attachment is a subjective matter. Considering that i have paid 72% of entire maintenance amnt, can i assume that most judges will not pass order for attachng salary. I can ask for a year to clear remaining 28%.

Dear Members,

I had posted a query regarding monetary and marital dispute. My wife who had held an ineligible NRE account, she has behaved in a manner amounting to CRUELY. She cannot have children due to medical problems. i am preparing to file Divorce petition under the grounds of CRUELTY and desertion.

I had sent joint account application with my documents, she came to India and opened a single account. Not knowing that i name is not jointly held in the account, i had sent huge sums of Money from a foreign country, and she was all the time staying with me in dependant VISA, she has no source of income. All the money was in NRE account linked fixed deposits, i was nominee in all fixed deposits.

During the marital disputes she threatened that she will not return a single paise, all money is in her name, if i do not obey her, go back and live with her.

Due to marital dispute, since 2 years, first i sent a stop transaction since bank manager told me my name was not linked in the account, it was a single account (no joint holder) on advice of lawyers i filed and injunction suit against bank (1st) and her (2nd). However, at the time of filing injunction the NRE account had ceased due to loss of her non-resident indian (NRI) status, so it was converted in savings account, and the amunt was withdrawn the bank replied this in the court order.

I am planning to file a divorce petition,we will include money issues also in the grounds i have a few questions to the experts here

1) will the family court consider, the money she already has walked away with either if she files for interim maintenance or when the court will one day pass the divorce decree and decides on alimony, she has BSc and MSc (nutrition) we have no kids.

2) will it be a good idea to first file a case of recovery of money from wife or send her a legal notice to return the money, before filing divorce petition.

Waiting for your replies

any reason you could'nt read the topic of this thread ? This is about salary attachment..please delete and start a new thread !!