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Deduction of maintenance directly from salary
10-Jul-2023 (In Divorce Law)
Sir, my wife filed a maintenance case. Can court pass such an order where maintenance is dedicated directly from your salary automatically if husband is a govt employee.
the Supreme Court decision in Dr Kulbhushan Kunwar v. Raj Kumari, (1970) 3 SCC 129, which was followed by the Punjab and Haryana High Court in Seema v. Gourav Juneja, 2018 SCC OnLine P&H 3045 it was held that
the income of the husband has to be ascertained keeping in mind that the deductions only towards income tax and compulsory contributions like GPF, EPF, etc. are permitted and no deductions towards house rent, electric charges, repayment of loan, LIC payments etc. are permitted.
the income of the husband has to be ascertained keeping in mind that the deductions only towards income tax and compulsory contributions like GPF, EPF, etc. are permitted and no deductions towards house rent, electric charges, repayment of loan, LIC payments etc. are permitted.
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Adv. Kunal Seth
Delhi | 500+ Answers
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yes there is a chance ...that if u refuse to pay maiantisnce which is ordered against you... the court in execution may order that the maintaince be paid directly to your wife n... rest can be told only when more details are known of your case
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Adv. Rohit Manan
Delhi | 100+ Answers
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No…there’s no provision for the deduction of the maintenance directly from your salary account. It’s always made via cash before the court OR via cheque/DD and nowadays it can be done online also and the receipt is submitted in the court. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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