IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3890 of 2011(O&M) Date of decision: 03.06.2011 Sushil Kumar …..Appellant versus Smt.Krishna Kumari alias Suman ……Respondent CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.I.D.Singla, Advocate for the appellant Jasbir Singh, J. (Oral) C.M. No.15134-CII of 2011 In view of reasons mentioned in this application, which is accompanied by an affidavit, it is allowed and 99 days delay in filing the appeal stands condoned. FAO No.3890 of 2011(O&M) This appeal has been filed against an order dated 18.1.2011, ordering attachment of 1/3rd salary of the appellant, in execution of an order dated 19.11.2008, awarding maintenance amount to the respondent-wife @ Rs.5000/- per month from the date of filing of that application i.e. 11.6.2003. It is on record that when maintenance amount was not paid, the respondent –wife was compelled to file an execution application. In that application also, the appellant tried to defeat her right, to get maintenance FAO No.3890 of 2011(O&M) amount, on one pretext or the other. It is on record that at an earlier point of time, by taking note of the huge arrears, entire salary of the appellant was ordered to be attached vide order dated 10.8.2010, however, thereafter, by taking note of the provisions of Section 60(ia) CPC, only 1/3rd salary was ordered to be attached. We feel that the order passed is perfectly justified. The respondent is entitled to get her maintenance amount, in terms of an order passed by the competent Court on 19.11.2008. Merely because, an application to set aside that order is pending, payment of maintenance amount to the respondent-wife cannot be stayed. Dismissed. (Jasbir Singh) Judge 03.06.2011 (Rakesh Kumar Garg) gk Judge 2