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Report No. 98

6.7. Attachment of husband's earnings (Suggestion of Joint Women's Programme, C.I.S.R.S.).-

In the reply received from the Joint Women's Programme (Christian Institute for the Study of Religion and Society), New Delhi, mentioned above,1 it has been stressed that maintenance granted under various personal laws and under the Code of Criminal Procedure, 1973, does not sufficiently provide for the protection of the deserted wife. It has been suggested that to protect the deserted wife and the children and to make the wife's remedy more effective, provision should be made to deduct the amount of maintenance from the husband's salary, if the husbands employed in Government or in public or private sector. If the husband is self-employed or not traceable, provision should (it is suggested) be made for maintenance, with the State as a party, for the protection of the deserted family.

We appreciate the concern and anxiety felt by such organisations in regard to the need for the proper enforcement of decrees and orders for maintenance. Some of the points raised-for example, the State taking over the burden for protecting the deserted family in specified cases-touch matters transcending the specific areas of the Hindu Marriage Act or any other particular matrimonial enactment. But we would like to point out that so far the attachment of salary or other earnings of the defaulter is concerned, the Code of Civil Procedure, 1908 make sufficient provisions. All disposable property of the judgment debtor who is in default can under the Code, be attached in execution of a decree or order for maintenance.2

This includes salary or othe periodical earnings of the defaulter. The only qualification is that the case of s lary, the Code renders exempt from attachment a specified portion3 Under th present law, the exempt portion is one-third of the salary in case of a decre for maintenance. It may further be mentioned that the Code4 contains specific provisions as to the procedure to be followed by the Courts for the attachment of-(i) the salary of Government Servants as well as other employees, an (ii) the non-salary income of self-employed and other persons. We hope th t with increased legal literacy, these provisions will become more widely known.

6. Para. 6.6, supra.

2. Section 60(1), Code of Civil Procedure, 908.

3. Section 60(1), Provisos (i) and (ia), Cod of Civil Procedure, 1908.

4. Order 21, rules 46 and 48, Code of Civi Procedure, 1908.



Sections 24 to 26 of the Hindu Marriage Act, 1955 - Orders for Interim Maintenance and Orders for the Maintenance of Children in Matrimonial Proceedings Back




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