Salary Of Army Personnel Can't Be Attached To Realise Maintenance Arrears, Only Central Govt Authorised To Make Deductions: Punjab & Haryana HC

The Punjab and Haryana High Court has said that the salary of an Army personnel cannot be attached to realise the arrears of maintenance under Section 125 CrPC, as only the Central government is authorised to make deductions. Justice Harpreet Singh Brar said, “In furtherance of the legislative intent behind Sections 25 and 91 of the Army Act, while the Civil Court can pass an order directing attachment, it has been clarified that only the Central Government is authorized to carry out the actual process of deduction of salary.” The Court explained that the exclusive authority granted to the Central Government constitutes a distinct right for personnel governed by the Army Act. After examining the submissions, the Court considered the question, “Can the salary of Army personnel be attached towards clearance of arrears of maintenance granted under Section 125 of the Cr.P.C. Answering the question framed the judge said, “The salary of the petitioner could not have been attached by the learned Court below in order to enforce the order of maintenance under Section 125 Cr.P.C.” The Court added that, as per the Army Act the respondent is entitled to approach the Central Government seeking necessary deductions to be made in order to realise the order granting maintenance of Rs.