Legal Question in Banking Law in India

A wife had filed a maintainance case against the husband which was ordered in her favour. The husband failed to pay the maintainance amount and therefore the wife has filed a petition for recovery of the amount and has also filed a garnishee petition for a direction to the employer of the husband to make recovery and pay the amount. The employer has received notice in the petition stating that the case is posted for hearing. However it is not mentioend that the court has passed any garnishee order. Since the employer has already received notice regarding the petition filed, would it proper on the part of the employer to now part with the salary of the employee OR can the employer just wait till the court passes a garnishee order and till then go on making payment of the salary to the husband without making any recovery . If the salary is paid will the employer be under any liability.

Asked on 10/27/11, 10:59 am

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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generally the court directs the employer by its order to deduct amount from employee's salary and pay the same to the wife.

Answered on 10/28/11, 2:21 am

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