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anuj   15 May 2015

Salary attachment order

Dear Members My divorce petition is pending in family court for final judgement. Previous judge got retired and his position is vacant right now. I was given date of 20.4.2015 when my lawyer went on 20.4.15 he was told that next hearing will be on 15.6.15. But suddenly on 5.5.15 salary attachment order was passed by family court. when i enquired about it i got to know that on 20.4.15 my wife applied for arrears payment of maintenance. the matter was taken to another judge and date was changed to 5.5.15 (in our absence as we thought now we have to come on 15.6.15) and on 5.5.15 a salary attachment order was passed. I dont want my salary be attached what can i do as I was not given opportunity to present my side(about payment of arrears) Please help


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 5 Replies

Dr J C Vashista (Advocate)     16 May 2015

Unbelievable statement. Consult your lawyer there is some vital information missing in the query.

advocate nitin kumar (lawyer)     16 May 2015

you can not do anything to stop attachment of salary 

why did you let the maintenance come in arrears of payment ???

 

now your salary will go the court first anf then court will give maintenace to the wife and then you will get the remaining salary.

 

be cool it happens,

judges presense/absense does not affect such orders. some other judges can also pass such order on the behalf of the absent judge.

 

it will happen whether you like it or not 

can not reverse the order by any how....for further info contact your lawyer

 

 

T. Kalaiselvan, Advocate (Advocate)     18 May 2015

I suspect som foul play or that you had been careless about the issue.  The petition to attach salary will not be taken up within the day of its filing, so see where the fault is lying and look for proper rectification at this stage itself. 

Adv k . mahesh (advocate)     18 May 2015

as above said in one go court will not order for attachment of salary and the query is also incomplete come with facts for correct answer

normally when maintenance is ordered if say 3 months to more then that then if wife files for arrears then court will first hear both sides then gives time to husband to pay the arrears and in that time if he does not pay then court will order for attachement and in some cases will send you to jail also and may be the retired judge has ordred you to pay maintenance and you ignored the ordre and not paied the maitnenance and she filed for arrers and in mean time he retired and case was transferred and ordred to attach your salary

anuj   18 May 2015

Thank you very much respected members for your valuable comments. But Kalaiselven Sir, I want to clarify that application for salary attachment was given on 20.04.15 and order was passed on 5-5-15 (both the incidents occurred in my absence and without my knowledge) Moreover as K. Mahesh sir said earlier also they had applied for attachment and court sent a notice to me and asked to present my side on 23.12.14 but when i went on 23.12.2014 nothing was asked to me and court started proceeding with the divorce case. Thats why I didn't take care of it. But I have been continously paying Rs. 5000/- (double the amount of maintenance being awarded) since then. My query in particular is that court should have listened my side before passing attachment order (which it didnot do?). I dont want my salary to be attached (I am ready to pay the arrears in 2-3 installments) but my boss has to follow the court order and I can't say anything to court till 4-6-15. What should I do?

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