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Jothish Kumar (Consultant)     16 February 2015

Separated wife wihdraws money

Sir I and wife living separately from 06/06/2014. Divorce case and other cases are pending in family court. I have a bank account and the bank account is “Either or Survior” ie me or wife can operate the bank account. On 13/06/2014 and 29/12/2014 she withdraws Rs 20,000/- each from this account total Rs 40,000/-. But the money withdraw by her is the interest accrued from my Fixed Deposit. (Fixed deposit is in my name and held as a security against a prized chitty). I have sent a mail to the Banker on 08/10/2014 stating that “I have not authorised any person for withdraw the amount held as security in your bank and or any other proceedings there of and or any person to appear on behalf of me to collect the security amount held in your branch. I will come and collect the amount personally, not issue the amount to any person other than me” But I not mention the word interest in that letter. Whether it shall a criminal offence? She is a public servant shall I file a criminal case under IPC 409? . whether criminal case withstanding against my wife and the Bank branch manager?


 1 Replies

Mohammed Ameenuddin (Sr. Legal Manager)     16 February 2015

Since the account is joint between you and your wife and both are authorized to operate it. When there is a dispute arises between you and your wife and the divorce is pending in the court of law, you should have file an application in the bank informing the status of case pending in the court and restraining your wife or anyone else operating your account except. File the same application in the bank immediately.  

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