Legal Question in Banking Law in India

A wife has filed a case before family court against her husband stating that he has forced her to transfer some amounts from her account and opened fixed deposit accounts in his name. the notice in the case has been received by the bank and the bank has been asked to appear before the court on the next posting date. however no injuction order has been passed. whether the bank can permit the husband to withdraw the amount from the fixed deposit now as the bank is yet to receive any injunction order.

another question in this connection is that from the fixed deposit account, the interest was transferred to an sb account in the name of the husband even before the receipt of the notice from the court. now whether the said interest portion lyiing in the sb account has also to be freezed or whether we need only freeze the fixed deposit account only


Asked on 10/13/11, 11:37 am

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

it is true that there is no injunction on the acccount but as the fixed deposits are a disputed issue and matter is sub judice it is safe on bank's part to ask the holder for permission from court before allowing him to operate the fd's or Bank may on the date of appearance seek clarification from the court . With regards second question the Bank can allow the holder to operate the SB A/c.

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Answered on 10/14/11, 12:00 am
Sanjay Kalra Sanjay Kalra & Associates

The bank will freeze any account if the high court has specifically ordered the bank to do it and not otherwise.

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Answered on 10/14/11, 12:15 am


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