Delhi HC: Father cannot use money in daughter's PPF account to pay maintenance

While it is shown that the account had been closed and money taken out by the Appellant / Defendant in accordance with PPF Act and closure was not illegal, but the question is, who is entitled to the money withdrawn from this PPF Account. {Para 24}

25. As discussed above, being the investment in the name of the child, she was entitled to receive the amount. The father may have taken the money to which the Plaintiff was entitled, but it was only in the fiduciary capacity, as a Guardian, but cannot be utilized by the father to off-set his responsibility of maintenance, towards the child.

26. In the present case, though savings in PPF Account were made by the Defendant / Plaintiff's father, but the same were for the benefit of the Plaintiff / Defendant's daughter, to which she was entitled after attaining the age of majority, i.e. 18 years on 13.11.2016. The amount could not have been transferred by the Defendant to his own Account and he was liable to give this money to the Plaintiff.

27. The Defendant may have been paying the paying Rs. 12,000/- to the Plaintiff, pursuant to Order dated 18.05.2016 of the learned Family Court, Dehradun from 16.06.2016 to 28.05.2018 and paid a total sum of Rs. 6,00,000/- to her during this period, but that was in recognition of his responsibility to maintain his daughter.

28. Learned District Judge has rightly observed that the responsibility to maintain the child, is an independent right of the father and it cannot be claimed to be adjusted against the amount of Rs. 8,13,853.79/-, which was an investment made by the father.

Ratio: The Delhi High Court recently held that a father cannot use the amount invested for his daughter’s education towards fulfilling his individual legal obligations of paying maintenance to his daughter and estranged wife.

IN THE HIGH COURT OF DELHI

RFA 285/2023 and CM Appl. 16953/2023

Decided On: 03.08.2026

Sudhir Kawatra Vs. Shamli Kawatra

Hon'ble Judges/Coram:

Neena Bansal Krishna, J.

Citation: MANU/DE/5419/2026

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Gujarat HC: Amount of PPF account shall not be liable to any attachment in respect of any debt or liability

It is not in dispute that the respondent Bank have withdrawn/debited the aforesaid amount of Rs. 85,380/- from the PPF Account of the petitioner. It is well settled proposition of law that the amount of Public Provident Fund account shall not be liable to any attachment in respect of any debt or liability incurred by the account holder. Thus, the action of the respondent Bank of withdrawing/debiting the aforesaid amount from the PPF Account of the petitioner is illegal and unjustified.

 {Para 11}

 In the High Court of Gujarat at Ahmedabad

(Before A.S. Supehia, J.)

Rajnikant Punjalal Shah Karta of Rajnikant Punjalal Shah Huf Vs  Manager, Bank of Baroda

R/Special Civil Application No. 10377 of 2020

Decided on June 23, 2022

Citation: 2022 SCC OnLine Guj 772

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