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harsh pratap singh (sseef)     17 April 2017

Dispute between husband and wife & joint account!

Dear Experts,

I want to discuss about my cousin's case.

My cousin's husband is running a company, where my cousin was made one of the top executive of the company (only on paper, not in real sense).  To save income tax her husband used to deposit money as salary to my cousin approx 1 Lakh/per month in (her wife's) bank account every month since last 5 years.  

My cousin was not the earning member of the family in real sense, it was only in paper that she was made the top Executive of the company.  All so called salary she used to receive approx 1 Lakh/per month used to be withdrawn by her husband for running the business and other expenses. My cousin was hardly given any money for her personal expenses.  They have a common joint account in bank, where my cousin's so called salary is still getting deposited every month.

Now due to differences between husband and wife they are living separately and I personally anticipate that they are going to file for separation in near future.

Now as per paper she is earning approx 1 Lakh/month, though in real sense she is not even having a single penny.

Please suggest ways so that I can save my cousin in coming out of this mess.



 3 Replies

P. Venu (Advocate)     18 April 2017

What is the mess?

Sanjeev Dudhat (Lawyer)     19 April 2017

Is salary account a joined account? Banks formally do not allow this.
Did she never sign for withdrawls?
Was she compelled to withdraw money and give it to him?
Also consider following fact.. If she is primary account holder (even in joint accounts, banks specify this) she can withdraw his name from the account totally. 

A walk alone (-)     19 April 2017

As you say "her husband used to deposit money as salary to my cousin approx 1 Lakh/per month in (her wife's) bank account ", if bank account is her then she can withdraw money whenever she want. Best way ask her go MCD and take one time alimony.

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