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Yash   14 January 2017

my wife withdraws all amount from our joint bank account.

My wife withdraws all amount from our joint bank account. Now which IPC section is applicable on her?


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 14 Replies

Kumar Doab (FIN)     14 January 2017

There are limitations on cash withdrawals, nowadays.

If the funds belonged to you then ask her to return, first.

 


(Guest)

What specific purpose will be served by knowing the IPC section, if applicable?

 

 

Suri.Sravan Kumar (senior)     15 January 2017

I agree with my brother P.S.Dhingra

Sachin (N.A)     15 January 2017

It shows your love for your wife, think that you have given wedding gift to your wife.

Sachin (N.A)     15 January 2017

But i like this idea, to avoid being harrassed by wife through false cases for money, better to open joint account  with her.

Sudhir Kumar, Advocate (Advocate)     15 January 2017

No crime made

P. Venu (Advocate)     15 January 2017

Yes, there is no element of crime involved.

Kundan Kr. Singh (Advocate)     17 January 2017

don't worry ,she is your legally wedded wife,she can do

 


(Guest)
Mr. Yash,
 
You have not replied my question. Is it due to your query being of academic nature or any other specific reason for not responding to my question?
 
In fact, your question, "wife withdraws all amount from our joint bank account. Now which IPC section is applicable on her," as ALL amount is not possible to be withdrawn by any one operator except if the account is closed, whereas joint account cannot be closed by a single operator out of the two joint holders of account.
 
Further, even if there is any truth in your story and some balance is left in the account, element of deception (417/420), breach of trust (406), conspiracy (120B), etc., as suggested by one member, are not applicable in the case, as in "either/or" type of joint accounts, any of the two operators can amount without the approval from the other joint holder. Even if you weave any story that can bounce back on you. If it is other type of account, withdrawl is not possible without the signature of both the operators.
 
So, on all the counts, your story is merely a hypothetical & fabricated story.


 

Sudhir Kumar, Advocate (Advocate)     17 January 2017

Originally posted by : autohide4u

Disagree with people who claim no crime committed. Deception (417/420), breach of trust (406), perhaps conspiracy (120B) are applicable. You just need to weave the story properly to attract these seYou just need to weave the story properly to attract these sections.

 

It is against the decorum of this forum to tell someone to weave a story.  He should rely upon the tgruth

 

Sudhir Kumar, Advocate (Advocate)     17 January 2017

 Mr Yash.

 

You are not living in taliban state.


(Guest)

@ Autohide4u,

The question is, where is the cause of suppositions to be made by the members, when the author has asked merely about the section, if any applicable, if her wife had withdrawbn the whole amount from a joint account, when his question is merely a fabricated story, as no bank allows withdrawl of whole amount unless the account is applied to be closed by the joint holders by making a joint application? In fact, it would have been a matter of common sense for the author of the question.

Further, even if there be any slighest truth in his story, why the members should unduly try to give unwarranted advice or feedback merely to the provocation of the author and even the unconcerned readers, when no case history is provided and the reason given for asking such a vague question?

He has not even cared to reply my query so far as to what he would do with the section of law, if informed.

So, why should not we restrict our replies or advice as per the spirit of the question?

 


(Guest)

@Autohide4u,

Misuse of law in marital disputes is well known to the most of the society and even the SC has already advised the Government to take adequate steps to plug the loopholes. But, any such type of advice, if given on an open forum, without any adequate background by the querist is tanatmount to misuse of some unscrupulous elements. However, such type of advice if asked privately could have been justified.
 
Further, it is not only some smart women that make misuse of the law, several cases of men causing torture to their gullible wives, which goes unreported, can also not be ignored. When a case goes to the court, stories are normally made by both sides, as some of their hired lawyers help them to add fuel to the fire.
 
So, we may not try to aggravate any problem that too when no background is provided by a querist.
 
 I hope, you would like to agree with my viewpoint.
 
1 Like

(Guest)
@Autohide4u,

Thanks for agreeing with my viewpoint. What I believe that in any open forum, we should avoid any advice on presumption basis, if no background is given and also not provide any unethical advice from which someone else can take wrong advantage. When a person without any case history and adequate background comes forward to ask for advice his intentions can safely be assumed to be doubtful in a bid to make the advisor his tool to misuse his advice against some other person, who may be innocent.
 

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