The court's power to issue directions for attachment of salary under the D.V. Act is limited to recovery of arrears of maintenance, not for future maintenance.

JUDGMENT

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of learned Advocates for the parties.

3. The applicants are aggrieved by the order dtd. 23/2/2022 passed in Criminal Appeal No.88/2020 by the learned Additional Sessions Judge-2 Amravati, whereby learned Judge was pleased to set aside the order dtd. 03/10/2020 passed below Exh. 7 in PWDV execution (Misc. Criminal Application) No.17/2018 by the Judicial Magistrate, First Class, Morshi.

4. Learned Judicial Magistrate, First Class vide order dtd. 03/10/2020 had directed the Registrar (Finance and Account Officer) of Sant Gadge Baba Amravati University, Amravati to deduct a sum of Rs.15, 000.00 per month from the salary of the non-applicant.

5. The applicants had made an application under Ss. 12, 15, 17, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 (for short "D.V. Act"). The said application was partly allowed. Learned Magistrate inter-alia directed the non-applicant to pay a sum of Rs.9, 000.00 p.m. to the applicant No.1, Rs.4, 000.00 p.m. to the applicant No.2 towards maintenance from the date of the application i.e. 17/07/2015 and Rs.2, 000.00 p.m. to the applicant No.1 towards the rent for separate residence. The non-applicant fell in arrears. The applicants therefore, made an application for the recovery of the arrears and monthly maintenance from his salary. Learned Magistrate, as stated above, was pleased to grant the application. Learned Additional Sessions Judge -2 Amravati set aside the said order on the ground that Magistrate cannot issue the direction for attachment of salary in respect of the future maintenance. The learned Judge, however, held that warrant of attachment of salary can be issued for the purpose of recovery of the arrears of maintenance.

6. As far as the legal position is concerned, the same has been dealt with in the case of Bhagwat Baburao Gaikwad Vs. Baburao Bhaiyya Gaikwad, 1993 SCC Online Bom.346. Learned Judge relying upon this decision did not agree with the order passed by learned Magistrate. In my view, on merits no interference is warranted in the impugned order passed by the learned Additional Sessions Judge.

7. It is to be noted that despite having an order in favour of the applicants every now and then they are required to knock the doors of the Court by initiating the execution proceedings. The arrears, as can be seen from the record, when the order was passed, were to the tune of Rs.2, 74, 500.00. It needs to be stated that the arrears were paid. However, this indicates that despite of the order granting maintenance having attained the finality, there has been delay on the part of the non-applicant to comply the said order. It is to be noted that learned Additional Sessions Judge, while passing the impugned order, ought to have issued certain directions to non-applicant and taken care of the hardships and the difficulties faced by the applicants. It is not out of place to mention that the non-applicant is Assistant Professor in Sant Gadge Baba Amravati University, Amravati. In my view, the grievance made by the applicants needs to be appropriately redressed.

8. Learned advocate for the applicants submitted that non-applicant needs to be directed to deposit the arrears within 10 days from the date of receipt of salary and deposit the same directly by online mode in the account of applicant No.1. Learned Advocate further, submitted that the non-applicant needs to be directed to clear the arrears up to 31/12/2022, which are around Rs.1, 05, 000.00.

9. Learned Advocate for the non-applicant in all fairness submits that arrears are around Rs.1, 00, 000.00. However, he submits that the parties be directed to file the statement of arrears before learned Magistrate and on doing so, the non-applicant may be permitted to deposit the arrears in two installments. First installment be directed to be paid by the end of 31/01/2023 and second installment be directed to be paid by 28/02/2023.

10. Accor