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Can retirements benefits be attached before judgement


23-Mar-2023 (In Civil Law)
retirement benefits can be attached before judgment
Answers (3)

Answer #1
943 votes
Dear Client, Retirement benefits can be attached before judgement under Order : 38, Rule : 5 of the Code of Civil Procedure.An attachment before judgment is to enable the plaintiff to realize the amount of the decree, supposing a decree eventually made, from the defendant property'. This is the object of the Order 38 rule 5 of The Civil Procedure Code,1908.
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Advocate Sistla Rama Krishna

Adv. Sistla Rama Krishna

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Answer #2
738 votes
Hi Statutory retirement benefits such as provident fund and gratuity cannot be attached by any judgment/ decree of court. you need to prove that you are in possession of provident fund and gratuity only and do not have any assets(movable/immovable) etc for attachment.
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Advocate Rajagopalan

Adv. Rajagopalan

LawRatoHyderabad | 25+ Answers
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Answer #3
519 votes
the retirement benefits of an employee can attachable to some extent. the amount laid under the head of leave salary is attachable. the remaining amounts covered under various heads of the retirement benefits can't be attached.
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Advocate Kadagala Rambabu Naidu

Adv. Kadagala Rambabu Naidu

LawRatoSrikakulam | 200+ Answers
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