Please help me


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.

 

 
Reply   
 
advocate

Court can attach the salary of the employee in execution proceedings, even though he is working in a unaided private school.

 
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