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Abhinav Jaiswal 15 July 2024

Whether salary of husband can attached for recovery of maintenance allowance granted to wife?

Whether salary of husband (who is working in private MNC) can be attached for recovery of maintenance granted to wife (u/s 125 crpc) in 125(3) case?
If yes, what are the documents required for the attachment of salary, as of now I only know the name of the company in which my husband is employed in and i don't have the salary slip details , is it possible in my case, if not, are there any ways that i can obtain details of his salary slip?
My husband has been continuously committing defaults(for 5 years now) but the Family court has not been able to recover the remaining maintenance arrears amount.
Also, are there any judgements by apex court or various high courts regarding this topic, if you could provide a citation that would be really helpful,
I appreciate that you took your time off for answering my question, Thank you soo much.

Learning

3 Replies

T. Kalaiselvan, Advocate (Advocate) 16 July 2024

The maintenance amount can be recovered from the salary deduction of the enployee by the employer on an order by court sent to enployer directly.

You can give the name and address of the employer to the court

Dr. J C Vashista (Advocate ) 16 July 2024

Yes, salary of JD can be attached.

Prima facie it is not your personal but academic case, Abhinav ji, isn't it ?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 16 July 2024

The amount that can be recovered by a wife as maintenance from her husband's employer depends on various factors and varies from case to case. In India, the courts generally follow the guidelines under Section 125 of the Code of Criminal Procedure (CrPC) for determining the amount of maintenance. The court considers the following factors to determine the amount of maintenance: 1. Income and earnings of the husband 2. Needs and expenses of the wife 3. Standard of living of the husband and wife 4. Number of dependents (children, parents, etc.) 5. Other financial obligations of the husband Typically, the court may order up to 20-25% of the husband's net income as maintenance, but this can vary depending on the specific circumstances. For example: - In some cases, the court may order 10-15% of the husband's income if he has other financial responsibilities, such as children's education expenses. - In other cases, the court may order up to 30-40% if the wife has limited income or resources and the husband has a high income. It's important to note that the amount of maintenance is not fixed and can be modified by the court based on changes in circumstances. To recover maintenance from the husband's employer, the wife can: 1. Obtain a court order directing the husband's employer to deduct a specific amount from his salary and pay it to her as maintenance. 2. File an execution petition to enforce the court order, if the husband fails to comply. It's recommended to consult with a lawyer or legal expert for guidance on the specific laws and procedures applicable to your situation.

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