New Delhi: A Delhi sessions court has
dismissed a man`s plea against a trial court order directing
attachment of his salary for his failure to pay maintenance to
"I do not see any infirmity or illegality in the
impugned order," Additional Sessions Judge Surinder Kumar
Sharma said while upholding a magisterial court`s order for
attaching Ghazibad resident Vinay Kumar`s salary.
The magisterial court in November 2010 had ordered
attachment of Kumar`s salary for his failure to pay monthly
maintenance of Rs 2,000 to his wife Madhu Bala, residing in
north east Delhi.
It had ordered Kumar earlier in September 2009 to pay
maintenance to his wife on a plea by her under section 125 of
the Criminal Procedure Code.
Kumar got married to Madhu in 2004 as per Hindu rites.
But soon they began living separately and Madhu moved the
court for maintenance. The court in September 2009 had
directed Kumar to pay her an interim maintenance of Rs 2000
Since no maintenance was paid to her, Madhu moved
court for execution of its earlier order for maintenance. This
resulted in the magisterial court attaching Kumar`s salary on
November 3, 2010.
In his appeal challenging the magisterial court`s
order, Kumar had submitted to the sessions court that he had
sent some money orders which were returned back with the
postal note that Madhu was not present at the given address.
Dismissing Kumar`s petition, the sessions court noted
that the records placed before it showed that neither did
Kumar appear in magisterial court nor did he make any payment.
"As regard Kumar`s contention that he sent several
money orders but the same were returned back with the reports
that the Madhu was not present, then under such circumstances,
he should have paid the money to his wife in the court. But he
did not do so nor he appeared in the court," the ASJ said.