After divorce change in under guardianship of minor account
Tarun B
(Querist) 28 July 2018
This query is : Resolved
Due to temperamental differences between me and my wife, we were separated from the date 23-December-2013 and later we filed mutual consent divorce on the 03-September-2016 and the second motion in the family court was 01-Apr-17.
The custody of both of my minor daughter's remained and are with me.
One of my minor daughter holds a PPF Account with SBI under the guardianship of her mother.
On the 07-October-2016, I personally visited the State Bank of India , Personal Banking Branch, New Delhi for change of under guardianship from PPF A/c along with the first motion papers, I was advised to come again after the second motion along with the copy of judgement and decree for the needful.
Again on the 20-Jun-2017, I visited the State Bank of India, New Delhi branch along with the application and the required documents, as advised to me before and submitted the same at the SBI, New Delhi.
I have been chasing SBI, branch by personal visits and over the emails from 07-October-2016 for the change of under guardianship for my daughter's account.
On the 29-June-2018, I received a reply from the Asst. General Manager of SBI, New Delhi asking for the consent of the mother for the change of guardianship.
The situation is, after the second motion of divorce dated 01-April-2017, neither the mother used her visitation rights and nor we (father and both the minor daughter's) are aware where she is and what she is doing ?
I am solely taking care of both the minor daughter's and we are not aware where the mother is ?
I just want the account should belong to my daughter (minor) at the time of maturity.
Or
The bank may close the account and send the cheque in favour of the (minor) at the address on bank records.
Or
They may keep the account in the name of Minor and remove mother's name.
Please advise what can I do in such a situation.
Vijay Raj Mahajan
(Expert) 28 July 2018
Mr Tarun Bajaj, trouble was that you engaged lawyer who was not providing proper guidance and just got order from the court with regard to your holding custody of both minor children.
What was required, complete custody as well sole guardianship of both minor children in the order of the court.
With such order of court you could get necessary changes made in the bank account with regard to guardianship issue.
Now what you can do is to seek order under the Guardians and Wards Act for sole guardianship of both minor children from the Family Court.
You have no other way to get this issue resolved.
Mind you better engage senior and competent lawyer for the job otherwise you know where you stand now after taking services of incompetent lawyer previously.
Guest
(Expert) 28 July 2018
If you approach court you know what will happen. This is matter related to bank. You can follow my advice in your other thread....
Dr J C Vashista
(Expert) 30 July 2018
I endorse the expert advise of Mr. Vijay Raj Mahajan, apply and obtain guardianship of your daughters (physical as well as property) in terms of settlement in mutual consent divorce especially custody of minors with property, through a local prudent lawyer.
