Remitting of draft (banking)

jagjit singh (Querist) 05 April 2014 This query is : Resolved
SIR, IF MY WIFE HAS OPTED MY SURNAME IN FILING THE MAINTENANCE ALLOWANCE BUT SHE HAS NOT CHANGED HER SURNAME LEGALLY NEITHER SHE HAS ANY DOCUMENTARY PROOF OF HER NEW NAME. AND OPEN AN ACCOUNT IN THE BANK AS XXX DAUGHTER OF YYYYY AS HER NAME BEFORE MARRIAGE.
I HAVE GIVEN THE DRAFT IN THE COURT BY THE NAME AS SHE IS APPLIED IN THE COURT AS XXX WIFE OF ABC. IF BANK REMIT THAT DRAFT AND PAY THE MONEY TO HER FROM THAT ACCOUNT ,WILL IT BE CORRECT FROM THE BANK SIDE OR INCORRECT.

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ajay sethi (Expert) 05 April 2014
bank would be justified in making payment to your wife . you had applied to bank for issue of draft in said name . bank has merely followed your instructions

Anirudh (Expert) 05 April 2014
Forget about the bank. Assuming that the bank had credited the DD in her account - would you be questioning the bank as to why did the bank credit it to her account?

If you would be questioning on what basis you would be questioning the bank?

If the wife has not complained that she has not received the maintenance amount paid by you through the DD, what is your grouse?

Is it your idea to deliberately draw the DD in a particular manner so as to deny your wife the maintenance?

Guest (Expert) 05 April 2014
D/D was taken by you for your wife and the credit had gone to her.Irrespective of the Style in which D/D is taken and name with bank a/c as far the person is same no disputes

Kumar Doab (Expert) 05 April 2014
Bank can decline payment for 'Mismatch of name'.

Bank may agree by obtaining declaration that

XXX DAUGHTER OF YYYYY

and

XXX WIFE OF ABC

is one and same person.

jagjit singh (Querist) 05 April 2014
sir,my wife name is xyz chawla,and she has filed the case as xyz singh wife of yyy singh my problem is that , that she does not have any photo id proof of the name xxx singh w/o yyyy singh and while opening the bank account she has given the id of xyz chawla. and she has open the account on the name of her daughter under natural guardian.

Rajendra K Goyal (Expert) 05 April 2014
Nothing seem to be irregular, try to concentrate on the main case in spite of such minor things.

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