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serene (housewife)     08 April 2013

Freezing bank a/c

Dear all,

I have a maintenance case pending against my husband and also an interim alimony case awarded with arrears which is not paid by him for which i have given petition seeking attachment of  his property. ,Meanhwile he keeps saying in the court that he is retired and he doesnt have any money and looking up to children for his survival. he was an NRI and earned very high non taxable salary there but now says he is a broke. I know he is having an account wherein he is having lot of money by chance of some clue. I want to freez the account until the maintennace case is fished, so that he doesnt transfer the funds to someone as debt repayment or some such nonsense.     

Kindly let me be advised how can i go ahead or process the same.

thanks and regards,



 9 Replies

Advocate Sastry (Advocate)     08 April 2013

Inform the court the deatils of bank account number, name and address of the bank branch so that the court can issue attachment order. 

1 Like

Adv k . mahesh (advocate)     08 April 2013

and also you can request the court fo deposit in bank a some of amount as fixed deposit and let him deposit it in court till the case results come 

1 Like

Tajobsindia (Senior Partner )     08 April 2013

1. Apart from above two suggested remedies one can even seek appointment of Court Commissioner for fact finding  whose outcome cannot be even challenged before  Hon’ble SC as your stated 'allegations' are based on some 'not-marked' Bank A/C details which are still not part of 'material records' of the Court !

1 Like

Chetan Joshi (Advisory/Advocacy)     08 April 2013

You will have to give some evidence to negate his claim of being 'financially broke'

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

1 Like

serene (housewife)     08 April 2013

Dear All, 

thanks to every single help and that was very professional too. By the by, may i know how to ask for appointment of 'court commissioner'? Thanks again for the valuable tips.

 

Thanks and regards,

Adv k . mahesh (advocate)     08 April 2013

through a lawyer you should request to appoint a commissioner to find out the facts of the bank account and stop any transction of that bank account till you get justice or make deposit 

1 Like

Sankaranarayanan (Advocate)     08 April 2013

yes first you take this matter to court and seek its permission to appoint the commissioner .all thebest

stanley (Freedom)     08 April 2013

I Disagree with all the above repliers since nowdays the pace at which proceedings take place takes years hence by now her husband must have very well Diversified his money else were . in the place were corruption is rampatant the Commissioner can be brought :-) 

1. Do you think that her  husband is going to keep all the money that she  dreamt off in his bank account he must have moved the same elsewhere .

2. In the absence of any court order he is at liberty to do as he pleases with the money that he has in the absence of any injunction  :-) say for instance he has Rs 1000 in his pocket do you think that he would take your permission as to how he wishes to spend his money . 

3. As he is retired the senior citizens act allows him to  seek maintanence from his children .

In todays world when laws are gender biased a man uses his skills to ....

serene (housewife)     09 April 2013

whatever Mr.Mani has guessed is right provided if the husband knows i know his ac no. whereas in my case he doesn't know yet that i have  ac details. without revealing the card in the court or even to my relatives, i am discreetly discussing here  to know how to handle the situation. Thatswhy i have not even discussed with my lawyer until now. As a retired person he seeks maintenance , of course, but he s keeping his ac secretively so that even the children should not leak out the matter to the mother. he is a very very cunning guy. 

anyway now i understood i need to approach court for appointing commisioner or to freeze the account. but i need to clarify whether i have to wait until an order is obtained in MC or straight away proceed with an IA for a direction towards bank.

 

Thanks again every one and all


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