Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No. 1240 of 2025
Decided on: 06.07.2026
Tula Ram
....Petitioner
Versus Mohan Pyari
....Respondent Coram
Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? For the petitioner : None. For the respondent
: Nemo.
Rakesh Kainthla, Judge (Oral)
The present petition has been filed by the petitioner for quashing and setting aside the order dated 06.08.2025, passed by the learned Principal Judge (Family Court), Kinnaur Division at Rampur, District Shimla, H.P. vide which the warrant of attachment of salary of respondent has been issued to Block Elementary Education Officer (BEEO), Pooh to attach the salary of respondent in accordance with law to recover ₹1,20,000/- in equal instalments and to remit this amount to the bank account of the petitioner under intimation to the Court. 2
Since the order was passed by the learned Principal Judge (Family Court), Kinnuar at Rampur Bushahr, District Shimla, H.P., therefore, the remedy of the petitioner lies under Family Courts Act and in view of the availability of the alternate remedy, it would
2 be improper for this Court to exercise its inherent jurisdiction under Section 528 of Bhartiya Nagrik Surksha Sanhita (BNSS), hence, the petitioner is relegated to the remedy available under the law and the present petition stands disposed of.
Pending applications, if any, also stand disposed of.
(Rakesh Kainthla)
Judge 06th July, 2026 (ravinder)