SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1985 Supreme(AP) 341

K.A.SWAMI
In Re: Yerasuri Lakshminarayana Murthy – Appellant
Versus
. – Respondent


K. AMARESWARI, J.

( 1 ) THIS is a petition under S. 397 of the Code of Criminal Procedure to revise the order of the II Addl. Munsif Magistrate, Visakapatnam attaching the salary of the petitioner for not paying the maintenance according to the decree in M. C. No. 11 of 1983. I do not find any illegality in the order. Mr. Sastry, learned counsel for the petitioner contends that under S. 125 (3) of the Cr. P. C. only movable property can be attached and sold but the salary is not movable property which can be sold and therefore the salary cannot be attached. I am unable to agree with this contention. S. 125 Cr. P. C. is designed to provide maintenance to a party who is unable to support herself or himself. Therefore, it is imperative on the part of the person against whom the decree is passed to comply with the decree. S. 125 (3) Cr. P. C. provides for enforcement of the decree and the said section says that any movable property can be attached. The expression movable property must be given wide interpretation. In my opinion the salary cannot be excluded from the category of movable property mentioned in S. 125 (3) Cr. P. C. This is also the view taken by a learned single Judge in Ah



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top