THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.14334 of 2025

ORDER

This Criminal Petition is filed under Section 528 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/respondent seeking to set aside the salary attachment warrant dated 17.10.2025 passed in Crl.M.P.No.5 of 2025 in M.C.No.89 of 2019 on the file of the Judge, Family Court-

cum-IV Additional District and Sessions Judge, Khammam.

2. Heard Mr. P.Venkanna, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public

Prosecutor appearing for the respondent No.1.

3. Learned counsel for the petitioner submitted that the trial Court, by order dated 17.10.2025, directed payment of monthly maintenance of Rs.26,000/- towards regular maintenance and an additional amount of Rs.10,000/- per month towards arrears. It was observed that arrears amount to Rs.15,38,531/-. Considering the same, the trial Court ordered the petitioner to pay Rs.26,000/- as regular maintenance and an additional Rs.10,000/- per month towards arrears until the said amount is

cleared. The grievance of the petitioner is that his gross salary is Rs.42,099/-, out of which EPF contribution of Rs.4,152/-, Professional Tax of Rs.200/-, GIS of Rs.15/-, and SFMS of Rs.1,000/- are deducted. Apart from these deductions, pursuant to the Court order dated 17.10.2025, his office has deducted Rs.36,000/-. Thus, he is left with only Rs. 729/-. The grievance of the petitioner is that such a meager amount of Rs.729/- is not sufficient for his own sustenance. The total deductions amount to Rs.41,370/- out of his gross salary of Rs.42,099/-, which is highly precarious for him. He submitted that he is ready to comply with the Court’s orders but prayed for reduction of the regular maintenance amount.

4. The learned Additional Public Prosecutor has submitted to pass appropriate orders.

5. Considering the facts and circumstances of the case and the material available on record, and on perusal of the pay slip for the month of October 2025, it is observed that Rs.41,370/- is being deducted out of the gross salary of Rs.42,099/-, leaving the petitioner with Rs.729/-, which is insufficient for his own maintenance. It is pertinent to note that while the wife is entitled to be maintained as per the standard of living of the husband, such maintenance cannot be at the cost of depriving the husband of his own livelihood. In the present case, directing deduction of Rs.36,000/- from a gross salary of Rs.42,099/- is harsh on the petitioner. Therefore, this Court deems it appropriate to reduce the maintenance amount. If an amount of Rs.17,000/- per month is deducted towards regular maintenance, the petitioner would be left with a reasonable amount for his own sustenance. This Court is conscious of the fact that the petitioner is also liable to clear arrears amounting to Rs.15,38,531/-. The said arrears may also be recovered through salary deductions in a reasonable manner. The wife is at liberty to seek enhancement of maintenance if circumstances change in the future.

6. With the above direction, the criminal petition is disposed of.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

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JUSTICE TIRUMALA DEVI EADA

18.11.2025 THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14334 of 2025

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