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.

The Court noted that under Army Act a broad spectrum of rights and protections has been granted to the Army personnel with an intention to ensure that they can duly perform their duties and responsibilities towards protection of the nation effectively, free from external financial encumbrances.

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.

“If a Civil Court issues a decree or an order for maintenance, the beneficiary of such a decree or order may present it to the Government and request that the required deduction be made under Section 91(i) by the Central Government,” it added.

These observations were made while hearing the plea challenging the order of a Family Court whereby salary of an Army personnel to the extent of Rs. 4,10,000  till date of realisation of arrears of maintenance was ordered to be attached.

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. (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023?”

Justice Brar analysed the Army Act,1950 and found that, “the deductions from pay and allowances of a personnel, subject to the Army Act, are permissible to give effect to a decree of maintenance granted by a Civil Court, however, only with the sanction of the Central Government, as provided by Section 91(i) of the Army Act.”

The Court noted that Sections 25 and 91 of the Army Act govern the deductions permissible from the pay and allowances of the Army personnel, while Section 28 provides immunity from attachment of such pay and allowances. Further, Section 33 clarifies that the rights and privileges outlined in the preceding sections are supplementary and not in derogation of any other rights or privileges conferred on them, subject to the Army Act, by any other prevailing law.

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. 10,000 under Section 125 Cr.P.C.

In the light of the above, the Court allowed the plea and directed to se aside the Family's Court impugned order.

Mr. Madan Lal Saini, Advocate for the petitioner.

Title: XXXXX V. XXXX

Citation: 2024 LiveLaw (PH) 415