128 Cr.P.C.

Arvind Singh Chauhan (Querist) 19 November 2009 This query is : Resolved
Husband is in jail in another criminal case, and is a pensioner having bank account. Whether amount due as maintenance can be realized from his pension deposited in bank account. If Yes what is the procedure to be followed.

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adv. rajeev ( rajoo ) (Expert) 19 November 2009
file an application before the court to attach the pension deposted in the bank.

Raj Kumar Makkad (Expert) 19 November 2009
Pension cannot be attached for the recovery of maintenance allowance.

Arvind Singh Chauhan (Querist) 19 November 2009
Sir,
I agree that pension can not be attached, but what remedy I have. The property of husband already with wife which is not enough to feed her and 3 children.

joyce (Expert) 25 November 2009
File enhancement of maintance claim in the pending mentinance case. other remedy is, Banks are having transfer of amount forms for a fixed number of years; so with the permission of ur husband can fill the form in the bank for a certain amount to be transfered to ur account frm his account monthly or quaterly. Meet the manager of bank to get details with what I suggested. If husband is not willing get the court order as to such remedy, pension cannot b attached, but other door is open for getting the money transfer.

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