IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 17006 of 2008(S) -------------------------- OS.426/2005 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER: ---------------------- THE ASSISTANT PROVIDERNT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANISATION, CHINNAKKAD, KOLLAM. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SMT.T.N.GIRIJA, SC,EPF ORGANISATION RESPONDENTS: RESPONDENTS ------------------------ 1. REJANI, D/O. REMA, PULIMOOTTIL VEEDU, ALANCHERY, YEROOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DT. 2. NITHIN, S/O. REJANI, PULIMMOOTIL VEEDU, ALANCHERY, YEROOR VILLAGE, PATHANAPURAM TALUK, KOLLAM. 3. JAYAKUMAR, S/O. AYYAPPAN, CHALIYAKKARA ESTATE LAYAM EDAMON DIVISION 184, PLACHERRY, CHERUVATHANOOR, THENMALA, PATHANAPURAM TALUK, KOLLAM DT. 4. CHELLAMMA, W/O. AYYAPPAN, CHALLYAKKARA ESTATE LAYAM EDAMON DIVISION 184, PLACHERRY, CHERUVATHOOR, THENMALA, PATHANAPURAM TALUK, KOLLAM DT. 5. AYYAPPAN, CHALIYAKKARA ESTATE, LAYAM EDAMON DIVION 184, PLACHERRY, CHERUVATHANOOR, THENMALA, PATHANAPURAM TALUK, KOLLAM DT. 6. THE MANAGER, M/S. CHALIYAKKARA ESTATE, EDAMON DIVISION, PLACHERY, CHERUTHANOOR, EDAMON VILLAGE, PATHANAPURAM, KOLLAM DT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== W.P(C).No.17006 of 2008 ===================== Dated this the 9th day of June, 2008. JUDGMENT Koshy,J. The first respondent filed O.S.No.109 of 2004 before the Family Court, Kollam against her husband, Jayakumar. A suit was also filed for claiming various amounts including the value of the gold ornaments which were given by her parents, but was misappropriated by the husband and his family members. During the pendency of the case, an interim order was passed by Ext.P3 restraining the petitioner and sixth respondent from releasing any amount due to the fifth respondent. The parties agreed for settlement of the case and as per the settlement, the amount can be realised from the retirement benefits of the fifth respondent. The fifth respondent is also a party to the settlement. On the basis of the settlement, the petitioner as well as the employer were directed to remit Rs.1,01,600/- from the retirement benefits of the fifth respondent herein. This order was passed on the WP(C) 17006/08 -: 2 :- basis of the settlement. 2. It is true that as per the Provident Fund Act, provident fund amounts cannot be attached. But in view of the settlement in this case, the payment of the amount will be considered as due discharge of the amount to be paid to the fifth respondent and no interference is required in Ext.P3. Further, the fifth respondent will have no claim over the amount disbursed as per Family Court order based on settlement. The Writ Petition is dismissed with the above observation. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 10/6