Salary Attachment in Maintenance Case – How Family Court Recovers Maintenance Dues

This article is published by The Legal Warning India and written by Advocate Uday Singh.

Information is based on family court practice, statutory provisions, and publicly available judicial principles.

What Is Salary Attachment in a Maintenance Case?

Salary attachment is a legal process where the Family Court directs the employer of the defaulting spouse to deduct maintenance amount directly from salary and deposit it in court or pay it to the claimant spouse.

This method is commonly used when:

• Maintenance order is passed
• Payments are delayed or deliberately avoided
• The defaulter is a salaried employee

Is Salary Attachment Legal in Maintenance Matters?

Yes. Salary attachment is a lawful enforcement mechanism used by family courts to ensure compliance with maintenance orders.

Courts treat maintenance as a matter of survival and dignity, not a routine debt.

When Does the Court Order Salary Attachment?

Salary attachment is usually ordered when:

• Maintenance order is final or interim
• Execution petition is filed by the claimant
• The defaulter fails to give satisfactory explanation

To understand enforcement stages, also read:

Maintenance Order After Divorce – Enforcement Process Explained

Legal Procedure for Salary Attachment

Step 1: Filing Execution Petition

The claimant files an execution petition seeking recovery of arrears and future maintenance.

Detailed guide:

Execution Petition for Maintenance – Step-by-Step Guide

Step 2: Disclosure of Employment Details

The applicant must provide:

• Employer name and address
• Designation of the defaulter
• Approximate salary details

Step 3: Notice to Employer

The court issues a formal order to the employer directing monthly deduction of maintenance.

Step 4: Salary Deduction & Payment

The employer deducts the specified amount and remits it as directed by the court.

How Much Salary Can Be Attached?

Courts generally ensure that:

• Basic survival of the employee is not destroyed
• Maintenance amount is reasonable

There is no fixed percentage, but courts balance both sides.

What If the Husband Changes Job?

Changing jobs to avoid maintenance does not stop liability.

Court may:

• Seek fresh employment details
• Fix notional income
• Proceed with other recovery methods

Related reading:

Husband Changed Job to Avoid Maintenance – Legal Remedy

Can Salary Attachment Be Challenged?

Yes, but only on valid grounds such as:

• Incorrect arrears calculation
• Genuine financial hardship
• Pending modification application

Unilateral non-payment is never a valid defence.

Difference Between Salary Attachment & Arrest

Salary attachment is a civil recovery mechanism. Arrest is used only in cases of wilful and persistent default.

Read more:

Can Husband Be Arrested for Non-Payment of Maintenance?

Practical Tips for Both Parties

For Maintenance Holder

• Provide accurate employer details
• Act quickly on default
• Maintain payment records

For Paying Spouse

• Do not ignore court orders
• Seek modification if income changes
• Avoid contempt-like situations

Conclusion

Salary attachment is one of the most effective tools used by family courts to recover maintenance dues. It ensures regular payment and reduces prolonged litigation.

Compliance with maintenance orders is always better than facing coercive enforcement.

This article is for general legal information and awareness purposes only. It does not constitute legal advice or solicitation. Communication is purely informational, in compliance with Bar Council of India Rule 36.