Alimony arrears attachable

The judge observed that the wife was driven “ from pillar to post for making several applications before executing the court to collect the arrears of maintenance account. When these efforts proved futile, the magistrate deemed it fit to pass the order for attachment of salary for future maintenance”.

By an order dated February 12, 1996, the Magistrate had attached Mani’s salary for 30 months at the rate of Rs 600 per month from February 1996 to August 1998. The amount includes Rs 400 towards maintenance and Rs 200 towards past arrears, and Rs 400 from September 1998 onwards.

The orderdirected the Assistant Director of Agriculture, under whom Mani is working as an Office Assistant, to deduct the amount from his salary.

The petitioner contended that future salary cannot be attached for past arrears as future salary was not a tangible, corporeal property. Therefore, there could not be any attachment of future salary, he said.

Rejecting the contention, the judge observed that an interpretation of the provisions of Section 3 of the General Clauses Act of the Criminal Procedure Code (Cr.PC) defines movable property as property of every description except immovable property, indicating that movable assets like salary, wages and debts fell within the purview of the Act.

It cannot be disputed that salary as such is movable property and criminal courts are empowered to attach any intangible movable property, he said.

The contention of the petitioner is not legally sustainable, because some provisions of Cr.PC recognise existence of such a property and provide for a procedure for attachmentof future salary, the judge said and held that future salary could be attached for the past arrears under Section 421 of the Cr.PC.

The judge further observed that the primary objective was to give social justice to women and children. They should not be left helpless in a state of distress, destitution and starvation, he said.