Here is an interesting question of law, viz., whether future salary of husband can be attached for the recovery of future period of maintenance by the wife in a maintenance proceedings under Chapter IX of the Code of Criminal Procedure ?

2. The facts of the case are as follows :-

(a) The petitioner Mani is the husband of the respondent Jaykumari. She obtained an order in M.C. No. 4 of 1993 on the file of Judicial Magistrate, Ambasamudhram, under Section 125, Cr.P.C. for the monthly maintenance at the rate of Rs. 400/-.

(b) Since the husband is said to have committed default in paying the monthly maintenance, she applied to the Court for the recovery of the amount due. Despite the service of notice on the petitioner, who is working as an Office Assistant in Agricultural Department of Tamilnadu Government, he did not choose to appear before the Court. Therefore, considering the various aspects, the learned Magistrate directed attachment of salary payable to the petitioner/husband by the Department.

(c) The petitioner, even without approaching the Court to recall the warrant of attachment, has come forward before this Court with this revision challenging the warrant of attachm