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Very thankful to your solution madam.
04-Apr-2025 (In Family Law)
Very thankful to your solution madam. Instead of filing MC. Petition for 11months, she file for 21 months The honourable district court accepted petition. I didn't receive a notice even my advocate also, the court accepted her plea, on the next hearing I payed all the due amount. Now I've no arrears. My wife is a junior lawyer. if court granted Salary attachment am I appeal for highcourt.
hi if you had cleared all the dues payable to her and if they are no pending dues then you could approach court seeking order to stay the order of salary attachment in high court on the ground that there is no merit
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Adv. Baddam Aravind Reddy
Secunderabad | 1000+ Answers
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Solution under Indian Law:
1. Right to Notice (Principles of Natural Justice)
You have the legal right to be served with notice under Section 125 CrPC (or under relevant civil provisions if it was a civil maintenance petition). If no notice was served, it is a violation of natural justice. Orders passed ex-parte without notice can be:
Challenged under Section 126(2) CrPC (for criminal maintenance cases).
Or through revision petition before the Sessions Court or High Court.
2. Maintenance Period Dispute:
If the maintenance claim was extended from 11 to 21 months:
You can challenge the retrospective amount if it was ordered without giving you a chance to respond.
However, if you have already cleared the amount and there are no arrears, it may become a settled matter unless the salary attachment is still ordered.
3. Salary Attachment:
Under Section 125(3) CrPC, salary attachment is permitted if the respondent defaults on maintenance.
If there is no pending arrear now, you can:
File an objection before the same Family Court/District Court showing proof of payment.
If the court still orders salary attachment, you can file a revision or appeal in the High Court under:
Section 397 CrPC (for criminal matters), or
Article 227 of the Constitution (supervisory jurisdiction of High Court).
Recommended Steps:
1. File a recall/modification petition in the District Court with proof of no arrears.
2. If salary is attached unjustly, file a Revision Petition before the High Court.
3. If there was no notice served originally, mention violation of natural justice in your prayer
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Adv. Venigalla Srinnivasa Rao
Vijayawada | 25+ Answers
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N. S. M. Raju
Respected Adv. Aravinda reddy sir,
Thankyou very much for your kind suggestion.
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