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A judgment debtor’s monthly salary for the purposes of section 60 of the Code of Civil Procedure, 1908…

Section 60(1), proviso (ia), exempts one-third of salary for a maintenance decree. One-third of ₹12,000 is ₹4,000, so the maximum attachable amount is ₹8,000. The salary…

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A judgment debtor’s monthly salary for the purposes of section 60 of the Code of Civil Procedure, 1908 is ₹12,000. What is the maximum monthly amount attachable in execution of a maintenance decree, assuming the amount due is sufficient?

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Answer and explanation

Correct answer D

Section 60(1), proviso (ia), exempts one-third of salary for a maintenance decree. One-third of ₹12,000 is ₹4,000, so the maximum attachable amount is ₹8,000.

The salary base under Explanation II excludes allowances declared exempt.

Option feedback

Option A

Full salary attachment would remove the one-third exemption.

Option B

₹4,000 is the exempt third of ₹12,000.

Option C

₹3,666 does not follow from the maintenance formula. The separate ordinary money-decree formula exempts the first ₹1,000 and two-thirds of the remainder.

Option D

The protected third is ₹4,000, leaving ₹8,000 attachable.

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