Seeking clarification regarding mntce law

sanjeev kumar (Querist) 09 March 2012 This query is : Resolved
D/Members,
My divorce case is pending in the high court.She moved two applications in the lower court(She is an advocate in the same place),first pauper application for court fee relaxation in the Hindu Adoption Act and second sec 125 in the year 2002.In sec 125 she was awarded rs. 4000/- per that is being dedudted from my salary.Her pauper application was decided in the year 2008.After that she filed a suit under HMA,decided rs. 8000/- per month in the year 2010.(For her and male child aged about 13).She filed execution application in the lower court to get rs. 8000/- from 2002(Worked out Rs. 6,36,000)(application year of pauper)and the court blindedly ordeded to deduct 1/2 of salary even without summoning me in the court.Plz suggest me whether the decision is justified or there are some decsions/laws against this.
thanking you immensly.

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Adv.R.P.Chugh (Expert) 09 March 2012
A suit filed in forma pauperis is deemed under the law to be instituted on the date when application for same was instituted, and not when the same is allowed or when the suit starts - So there is no infirmity on that count.

As regards attachment of salary - you should have as soon as the decree was passed against you for Rs.8000 - should have preferred an appeal. In Execution the court is not under an obligation to give you an opportunity to conform to the order - you have to make the objections yourself.

You can still prefer an appeal by invoking S.5 Limitation Act citing sufficient cause if any.

ajay sethi (Expert) 09 March 2012
how much are you earning per month? if you feel rs 8.000 per month was excessive you ought to have filed appeal against said order .

please note that sum of rs 8,000is inclisve of amount payable for your son .