Compliance of Court order to deduct maintenance amount from salary of the employee

One of our employees is having a marital dispute with his wife in Family Court. Now, we have received a family court order stating that the employee has failed to pay the maintenance amount to his wife as per the Court order. The court has directed us in the capacity of the employer to deduct Rs. 3 lacs from the salary of the employee and deposit the same in the given Bank Account of his spouse.

Please suggest how to deal with this case.

Hi,

You need to obey the court order. However, please consider whether it would be feasible to deduct Rs. 3,00,000 at one stretch based on the salary slab of the employee.

Dear friend,

When a competent court of law issues an order directing the employer to recover a certain amount of money from the salary of their employee, the employer is bound to comply. However, if the amount is significant and the court's order is silent about the specific amount and the number of installments in which the sum is to be recovered, it is advisable to file a clarificatory petition before the same court. This petition should outline the employee's gross monthly salary, the statutory deductions to be made, and the net salary payable to the employee.

Yes, you should comply with a court order. If there are any details related to the subject matter that you would like to share with the court, they will be taken into consideration.

When you deduct the amount ordered by the court, it is important to note that under the Payment of Wages Act, the deduction cannot exceed 50% of the gross, including deductions of PF, ESIC, PT, etc.

If the deduction exceeds that amount, you need to ask your lawyers to file an application in court explaining your inability to deduct the amount in view of the provisions of the act.

Dear Anonymous Citehr Member,

Our senior professional, specifically Shri Umakanthan M., has adequately replied to your query, and the same is appreciated by me. I would seek permission to add by suggesting that a copy of the family court order received by the company may be given to the concerned employee to obtain his reply within a given period if he desires to do so. Since it is not revealed by you whether the family court has indicated the amount to be deducted in installments, if not, then the suggestion of Shri Umakanthan M. has to be acted upon by the company by filing a clarificatory petition in that family court, giving full details of the earnings and deductions of the concerned employee, and obtaining further orders from the family court. If the amount and number of installments are given in the order, even then a copy of the order should be given to the concerned employee to seek his reply before making the deduction. It may be noted that no dispute will be entertained from the employee; only the workability of the deduction per month would be considered and informed to the family court.

Querist is requested to validate the answers as found suitable by him.

Regards, Chandramani Lal Srivastava Master Consultant 9315516083 [Login to view] New Delhi/Friday/23.09.2022/11:06 pm