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ShoiebAkthar (business)     27 April 2022

ppf maintenance court attachment

In case of muslim husband living and not paying dvc maintenance to first wife, can court attach husbands ppf account for arrear settlement when he mentioned his second wife as nominee for his ppf account.
whether court attachment is possible in case of ppf account?


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 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 April 2022

yes it is possible.inform to judge.He takes action

ShoiebAkthar (business)     28 April 2022

we dont know the ppf number in the post office.  

G.L.N. Prasad (Retired employee.)     28 April 2022

File RTI Application under LIFE OR LIBERTY CLAUSE, and also states that there are no exemptions in RTI Act in the larger public interest, as the depositor has resorted to contempt of court, and not maintaining sustenance for the divorced wife. You can enclose Rs.10/- postal order or enclose a self-attested white ration card for nonpayment of fee. this facility is also available online.

Information solicited under the Life or Liberty clause for which information has to be provided within 24 hours.

1. Please provide me the Account number for the PPF account of Janab..............................s/o..........................having a GPF ACCOUNT at .....................post office as the depositor is not paying maintenance as per court order making sustenance of this applicant most difficult. (larger public interest)

You can also seek information from ITO if you are aware of his PAN No...................in the same process RTI on line 

Sai Krishna   28 April 2022

Dear Querist,

PPF account or Public Provident Fund cannot be attached by the court. Accounts such as PPF enjoy the benefit of a sovereign guarantee. A Supreme Court case of Radhey Shyam Gupta v Punjab National Bank gave the judgement that pension and gratuity cannot be attached in order for recovery of dues since these accounts are protected under Section 60 (1) of the Civil Procedure Code. Under the Muslim Law, your right to be maintained is absolute, thereby you can file a suit under Section 125 and 488 of the Code of Criminal Procedure to receive maintenance from your husband.

 

Thank You.

Advocate Bhartesh goyal (advocate)     28 April 2022

No PPF account can not be attached by court. PPF account is protrcted account as pension account. First wife can invoke the provision of sec 125 cr.p.c 


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