Originally posted by : Anish Thakur 9459321520
no wife can not demand share in the pf of husband, but court can give order on the request of wife to attach the pf amount for the payment of mainetenece arrears and alimony if decreed by court and not paid to wife by husband. feel free to call
I differ to wrong opinion of @ Anish as his above advise on attachment of PF or EPF A/C in maintenance proceedings. ld. Courts have already said it just cannot be done.
The Hon’ble Supreme Court has stated in ref.:
Andhra University v. R.P.F.C. [1985 (51) FLR 605] that in construing the provisions of the Employees Provident Funds and Miscellaneous Provisions Act 1952, it has to be borne in mind that it is a beneficent piece of social welfare legislation aimed at promoting and securing the well-being of the Employees and the court will not adopt a narrow interpretation which will have the effect of defeating the very object and purpose the Act.
@ Anish, read sometime S. 10 THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952
“10. Protection against attachment.
1) Amount standing to the credit of any member in Fund or of any exempted employee in a provident fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the member or the exempted employee, and neither the official assignee appointed under the Presidency Towns Insolvency Act, 1909 (3 of 1909) nor any receiver appointed under the Provincial Insolvency Act, 1920 (5 of 1920), shall be entitled to have any claim on, any such amount.
(2) Any amount standing to the credit of a member in the fund or of an exempted employee in a provident fund at the time of his death and payable to his nominee under the Scheme or the rules of the provident fund shall, subject to any deduction authorised by the said Scheme or rules, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or the nominee before the death of the member or of exempted employee and shall also not be liable to attachment under any decree or order of any court.
(3) The provisions of sub-section 1 and sub-section 2 shall, so far as may be, apply in relation to the pension or any other amount, payable under the Pension Scheme and also in relation to any amount payable under the Insurance Scheme as they apply in relation to any amount payable out of the Fund.”
Exact reference as to why it cannot be done are referred below in leading cases:
Union Of India (Uoi) vs Sm. Hira Debi And Anr. on 17 May, 1950
AIR 1951 Cal 25, 54 CWN 840
The Union Of India (Uoi) vs S.M. King And Anr. on 30 July, 1952
AIR 1953 All 1
Also @ Anish once again bare read S. 60 C.P.C.
S. 60 Property liable to attachment and sale in execution of decree
Which also clearly says that provident fund of an employee cananot be attached in a decree among so many other heads which can also not be attached