1 ) govt is bound to comply with court orders
2) since court has directed maintenance of Rs 20,000 office can deduct Rs 20,000 from your salary
3)your remedy is to seek stay of order of trail court from the HC
Salary attachment
Sir, I'm a govt servant and in maintenance case Judge has ordered for maintenance of Rs.20000/- but my actual net salary is Rs.15000/- after deduction of GPF 15000/- insurance 500/- and BANK loan of rs.20000/- and other deductions out of 55000/-. Now, there is a Salary Attachment for 20000/- and my office is forcing me to reduce 5000/- to affect Court order. However I have preferred revision in High Court of Karnataka and procedures is taking it's own time. Now my office has deducted Rs.20000/- by reducing my GPF subscription on its own. My question is that whether the office can reduce my GPF and send it Court or is there any provision for the same, can it reduce it without our consent or it should have sought clarification from the Court. Now, after Attachment I'm not getting any Salary for my maintenance. Please advice me, whether my office was right in deducting my Salary by reducing GPF or is there any provision to seek remedy against my office. Thank you
Asked 8 years ago in Family Law
Religion: Hindu
12 Answers
HI,
1. Your office is bound by the Court order and their action is justifiable.
2. Your office is liable to remit to the GPF from the balance whatever is in the salary .
3. GPF is a contribution and a future investment , whereas the maintenance through a court order is your present liability which you are obligated to pay till you get a revision order on this
4. Your office is right in doing this and they are obeying the order of the court
5. The difficulty of you not having any money for yourself has to be brought before the court in documentary evidence where you filed revision
6. No remedy to take legal action against your office for them deducting the salary and remitting it in the court
If a warrant for the attachment of your salary has been issued by the Court of Magistrate, then for the recovery of the arrears of maintenance, your salary may be attached. Challenge the attachment of salary in your case if it is not in furtherance of the warrant. In any case, for the reason given by you for being unable to discharge your liability of making the payment of maintenance towards your wife, you may be given a stay on attachment by High Court. The Supreme Court has recently stated that before awarding maintenance, the Court should also weigh aspects such as the amount which the husband is sto spend on himself and on his old mom-dad etc. Since the view of the Apex Court is in your favour, it is expected that you may get some relief.
1. your office is wrong in reducing the amount for compliance of court order.
2. in this condition office should send you a notice to reduce deduction so as to compliance the order of court.
3. without your consent it cannot be reduced
4. you should file an unguent/expedite application before the high curt for interim relief to stay or reduce the amount of maintenance till the final order of the court.
No, the employer can not unilaterally withdraw amount from GPF a/c. They should have at best attached the entire net salary and approach court suitably in the matter.
2. Try also to expedite hearing of your revision petition before HC to get relief.
At HC in Revision, while hearing our IA for stay, Judge has ordered for issuing of Notice to opponent which we have taken steps. My question is 1. Whether Court will wait of opponent to appear and file objection. 2. If so, the opponent willfuly may delay in appearing to court so that she can enjoy by putting me in trouble. 3. If this is the situation what am I supposed to do. Please enlighten me. Thank you
Asked 8 years ago
The very fact that the court has issued notice to the respondents means that they will pass an order on your IA only after hearing you. However, that does means that if they start taking liberty and no not appear in court, the court will not grant you any relief. Thus, incase they do not choose to appear despite service of notice, you may press for interim relief.
Court will grant time for defendant to file reply
2) if no reply is filed court can proceed with the hearing and grant stay
3) you should object if defendant seeks further time to file reply
1. Yes the court will wait for the appearance.
2. If the opponent willfully delays then you can press for Interim relief and in few dates court will pass an ex-parte order.
3. You are supposed to pursue your case religiously and on each date make a mention before the court that the opponent is willfully not appearing before the court and therefore IA may be heard and order be passed.
Regards
1. The salary can be attached to satisfy the order of maintenance passed by the court. However, GPF cannot be attached.
2. The HC will hear the arguments only after the service to respondent is complete. Take dasti notice if you think she will dilly dally in accepting summons through ordinary course.
Dear Querist
immediately file an application for Urgent motion or hearing on stay application otherwise you will suffer till the final decision of the HC.
Your office has to obey the court order.
Please remember that the PF deduction beyond statutory deduction is your own decision hence you cannot bring it under standard deduction.
You can claim relief from an appeal alone.
The court will give the respondent an opportunity to express their opinion in this regard.
The court will not wait and watch the dilatory tactics of the respondent, it will proceed with its own decision.
You be in touch with your Advocate on this.