Order 39 R 1 and 2. Dipute over FD between spouses..Help me

Additional info:

Response to my application (order 39 R1 and 2) says as follows:

Individual judgements or interim orders in a suit can not change the fundamental definition of legal banking terms such as 'either or survivor' and the entitlements associated with it.

Allowing to bring an injunction or enforce an injunction  on such financial instruments would be purversely deemed as 'changing the very definition of the banking legal terms' by way of an Individual judgements or interim orders in a bilateral civil suit.

The injuctioin would perversely infring upon the 'legal rights and entitlements' of the party, which are conferred to the party vide the very definition of 'either or survivor' , even after it is convincng proved and known that the party is possessing and having the sole physical custody of all the 'original certificates' of the said Fixed Deposits.

Interpreting or changing the definition of such financial terms' solely comes under the purview of 'legislative subject matter authority' and does not come under the perview and jurisdiction of a family court.

Hence injunction saught does not have merits and is liable to dismissed.

Wife has nowhere mentioned that she earned that money and  FDs were made from her earnings.

Her response says that , once a FD is made with 'either or survivor', the other party (i.e. me) can not withdraw the 'either or survivor' unilaterally just because the orignal certificates are not in his(i.e. me) possession (she means to say that 'I am cribbing but it's late')

On Top of it ,she is asking for maintenance also.

All  these matters are  related to a lengthy court procedure. If you feel annoyed by the action of the Bank, make them also a party to the procedure and let them put their stand in black and white. Have you informed the Bank in advance  by sending a notice to them? If not do  it immediately. Rest you follow the advice of  your advocate.

'either or survivor' any one can operate account and it is very much clear from postings he is "unoffcially" stopped by bank manager.

You can go to banks regional office and complaint to banking obds. 'either or survivor' gives you all right to encashment. Original certificate now days is of no meaning in fact I bank never asked and if you ask them to credit to account that will be mcuh easier. Do one thing now all banks are CBS banks like HDFC /ICICI etc you dont need to go branch, in few banks if u have net access you can just liquidate FD and withdraw amount other wise approach other branch and ask then to credit in savings account even if this is joint and then withdraw all. OR other option is ask bank to put lein on same amount so no one can take. Involve banking obds and regional office for same.

I passed from same situation and had same kind of savings ( either or survior) and quartely interest in savings account. I closed FD and credit to savings account and do RTGS to some account thats easiest way also try in some other town /branch.Otherwise you will be paying for her taxes only  In your case bank manager is doing her favour so try from other branch.

One more practical advice talk to sales agents in bank those deal with MF/ Insurance policy etc at some other branch and tell them you want to invest all that money without giving him any back ground. As these ppl get commission on investements and they are staff of bank they will help you to move funds from joint to other account. Show them money and rest they will do for you ... and it really works. take some debt MF and take out money after some time if you need...

Either or survivor doesn't mean she can loot all. It was you decency you got a joint FD. She's in trouble. Get a stay order. On the basis of information given its a case of Criminal Breach of Trust. Your wife will get into further trouble if she encashes or gets a stay order in which case you file a C.A Appeal in the Supreme Court. You write to the reserve Bank[anti Fraud Unit] with a copy to your bank,revert back here before she makes you a pauper. Engage another lawyer senior to the one you have now. Don't disengage him since I smell a rat here.

If FDs have your no. 1 name,then the Bank is also fooling you.