THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No. 3751 of 2010 DATE: 15-04-2011 Between: Bantupalli Vani Prasad .. Petitioner And Smt.Bantupalli Gowriswari .. Respondent THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No. 3751 of 2010 ORDER: This Civil Revision Petition is filed against the order dated 22.04.2010 in E.P.No.115 of 2009 in O.S.No.34 of 1998 on the file of the Principal Junior Civil Judge, Parvatipuram, ordering attachment of salary of Rs.6,000/- towards the maintenance arrears. According to the case of the decree-holder, a decree for maintenance @ Rs.1,500/- per month was granted in O.S.No.34 of 1998 and subsequently, the judgment-debtor has paid the maintenance upto November, 2002 and subsequently the amount was not paid and as such a huge sum of more than Rs.1,20,000/- (Rupees one lakh twenty thousand only) is due. The revision petitioner is said to be an employee in Telephones Department drawing salary of more than Rs.20,000/- and is intentionally avoiding to pay the maintenance claim and hence, the present Execution Petition filed. The revision petitioner has contended that he is a chronic diabetic patient and also suffering with kidney mal-functioning and he was on regular dialysis and spent money for his medical treatment and the decree-holder has got other sources of income and has got a convent and, therefore, the attachment of the salary claimed by the decree-holder is not proper and at any rate it is excessive. The learned Principal Junior Civil Judge, Parvatipuram did not accept the contention of the judgment-debtor and ordered attachment of salary of Rs.6,000/- subject to the limitations under Section 60 of the Code of Civil Procedure, 1908. Aggrieved by the said order, the present revision petition is filed. The point for consideration is whether the attachment of salary of Rs.6,000/- towards the maintenance arrears is legal and justifiable? POINT: The learned counsel for the revision petitioner does not dispute the liability to pay the maintenance and also the quantum of arrears. The only contention is that he was not feeling well and he was undergoing treatment and spending money and the judgment-debtor is prepared to pay a sum of Rs.2,500/- to the decree-holder and, therefore, the order of the lower Court in ordering attachment of Rs.6,000/- is excessive. Evidently, the arrears of maintenance are very huge and for several years it was not paid. The judgment-debtor is a Central Government employee and any ill-health and any expenditure incurred towards ill-health will be necessarily reimbursed by the Department. The salary of the judgment-debtor being more than Rs.20,000/- is also not in dispute. Therefore, taking into consideration the above facts and also the fact that the judgment-debtor is a chronic patient of diabetis associated with kidney mal-functioning, there will be some other expenditure apart from reimbursable expenditure, the quantum of maintenance is confined to Rs.5,000/- (Rupees five thousand only) instead of Rs.6,000/- as granted by the lower Court. With the above modification, the Civil Revision Petition is disposed of. No costs. ________________________ N.R.L.NAGESWARA RAO, J 15-04-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No. 3751 of 2010 DATE: 15-04-2011 MR