Attachment of retiral benefits
Naveen Kanth Dasari
(Querist) 24 November 2013
This query is : Resolved
Hello,
1. Can the family court gives judgement to attach retiral benefits of husband?
2. How far is it relevant to attach the retiral benefits of the husband, if a wife files Execution Petition for attachment of retiral benefits?
3. As far i'm concerned that Section 60(1)(g) of the C.P.C says that "stipends and gratuties allowed to pensioners of the Government or local authority or of any enmployer or payable out of any service family pension fund notified in the official Gazette" shall not be liable to such attachment?
4. Can i get stay from the High Court of such attachment?
Naveen Kanth
Advocate
Hyderabad.
ajay sethi
(Expert) 24 November 2013
Attachment of Fix deposit in bank made out of the pension and gratuity- Barred under Proviso of Sec 60(1) proviso (g) of C.P.C.- Gratuity payable, not liable to attachment for satisfaction of court decree- Retiral benefits, pension and gratuity, not lose their character, even after they received on retirement and continue to be covered by Proviso of Sec 60(1) proviso (g)- The fact that gratuity and pensionary benefits had been received in cash by beneficiary and converted in to Fix deposits- It could not be said that they could no longer be identified as such retiral benefits paid to him- SC-UAD-2009-232.
Rajendra K Goyal
(Expert) 24 November 2013
Well advised by the expert ajay sethi ji.
T. Kalaiselvan, Advocate
(Expert) 25 November 2013
The interest income out of the fixed deposits made on the retirement benefits namely DCRG (Death cum retirement gratuity) and commutation of pension amount belong to exempted category of the referred section by Mr Ajay Sethi. Such income can be attached.
