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1991 Supreme(P&H) 43

G.S.CHAHAL
Sarwan Kumar – Appellant
Versus
Prem Lata @ Premo – Respondent


Advocates Appeared:
For the Petitioner:Sh. V.B. Aggarwal, Advocate.
For the Respondent: Nemo.


ORDER

G.S. Chahal, J. -Smt. Prem Lata alias Premo, respondent was granted interim maintenance in proceedings under section 125 of the Code of Criminal Procedure, vide order of the learned Judicial Magistrate I Class, Kurukshetra dated 1-4-1987. The amount was fixed at Rs. 500/- p.m., but, vide a subsequent order dated 28-5-87, this amount was reduced to Rs. 350/- p.m. The petitioner husband having not paid the amount, proceedings for recovery were started by the respondent. The petitioner is employed as a waterman in the Animal Husbandry Department, Govt. of Haryana. His salary was attached. That amount is still being recovered. The petitioner also has savings in his GPF account. Communication was sent from the Court of the Judicial Magistrate to the Director of the Department for attaching a sum of Rs. 6,650/- from the GPF account of the petitioner. The petitioner approached the Court of the learned Magistrate for setting aside the attachment of his GPF account, but this application was dismissed vide order Annexure P8.

2. Section 3 of the Provident Found Act, 1925 provides as follows :

"Section 3 Protection of compulsory deposits.-(1) A compulsory deposit in any Government or Rail



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