Details of bank a/c obtained without the permission of wife
Manoj
(Querist) 11 September 2011
This query is : Resolved
A, the Husband and B, the wife after their marriage 2002 due to various reasons, started living separately since 2005 alongwith their only Son. A, the husband is an Employee – Manager in a Nationalised Bank, B filed an application in family court for maintenance under 125 Cr. Pc in the year 2010 for herself and her Son. Now after filing the maintenance application A, the husband got the statement of accounts of B disclosing her income details, without the knowledge and permission of B, the Wife from the same Nationalised Bank in which A, the husband is employee, but the Branch is different. I must state here that both A and B were not at all on talking terms and A, the husband somehow got to know the details i.e. Account Number and Branch and the Bank name and got the details of statement of accounts. Now my query to all experts are as follows.
1) Whether it is legally allowed.Can A, the husband can any how get the details of accounts i.e. statement of accounts of his wife without her knowledge and her permission from a Nationalised Bank where she has maintained her account, eventhough he is employee of the Same Nationalised Bank though/but different Branch.
2) Can any nationalised Bank provide any such details of accounts of any customer to any other Customer without the knowledge and permission of that customer.
3) Can B, the Wife take any legal action against A, the husband in the above case, what can be done B, the wife in future to avoid A, the husband to collect any such information in respect of statements of accounts without the permission of B, the wife.
4) How far is the Bank responsible in this case, whether an any legal action can be taken against the Bank in this case.
5) What is advisable to B, the wife does she transfer her account to some other Bank.
6) What can be done legally by B, the wife in this situation to make her case strong, how can she stop such things, can she file any complaint or order from court if yes under what section.
R.Ramachandran
(Expert) 11 September 2011
It is better for "B" to have her account changed to some other bank (not branch.)
"B" will have a very tough time in proving that the bank statement was obtained by husband. Though the needle of suspicion would be on the husband.
It will also be difficult for her to pin point who made available the statement and under what circumstances (unless the bank has any log of the activities).
But these things do not lead anywhere.
Consider the following situation:
(1) The wife cannot deny before the court where Sec.125 CrPC is pending, that the statement is that of hers. If she agrees that the statement of account relates to her then court will consider that fact while quantifying the maintenance.
(2) In case she says that the statement does not relate to her, then she will not be able to take any action against either her husband or the bank that they obtained/revealed her particulars without her permission or consent.
The best way in the current situation is to change the account to some other bank.
Kiran Kumar
(Expert) 11 September 2011
sometimes there is a need to apply common sense to the matter.
the Husband is aware of the position being held and the salary being generated by the wife....let the husband make a submission/ reply to that extent only.
And when it comes to evidence, let the entire record be summoned before the court to prove or disprove the relevant allegations.
Certainly the bank cannot divulge the personal details of a customer to third person, the RBI rules will come into picture....but keep in mind the bank can not conceal the record from the court.
Husband need not to attach any original document with the reply, may attach some copy of the statement of bank account for a period when both were living together....
Guest
(Expert) 11 September 2011
There are two different issues of the case. The first maintenance petition by wife and defence issue by the husband. Second legality of bank account statement issued to non-account holder.
Legality of the unauthorised statement of account by any bank cannot be raised in the case of maintenance charges, as the defendant, if can get relevant information from any source, can use such evidence to defend himself. Moreover, the question arises, when the wife is a earning hand with sufficient recurring income and working in the same Bank, which is in the knowledge of the husband, what ground has been shown to justify his claim for maintenance charges?
About the second issue of unlawful issue of account statement to husband, a separate case would need be filed against the bank to justify its stand. B (wife) cannot take any legal action against A (the husband), as the account holder can hold bank responsible for any illegal activity. Only bank can initiate disciplinary proceeding against A if it is sufficiently proved that he himself generated the account statement for misuse.
About other points, S/Shri Ramachandran and Kiran Kumar have already expressed their expert opinion.
prabhakar singh
(Expert) 11 September 2011
The 3three experts have viewed the problem from three different angles,i found all sound but surely author might not be satisfied as wife's false case would be falling now.
Advocate Rajkumarlaxman
(Expert) 11 September 2011
I agree with all the experts but with little contravesory as our expert Kiran kumar states that mere information to the court , and then court demandng the same details cannot be denied by anybody. hence the part that you state they husband and BANK CAN BE BOOKED FOR OR HELD RESPONSIBLE IS DIFFICULT ONE.
AS RTI ACT IS STRONG ENOUGH TO OVERRULE ALL YOUR AGRUMENTS AGAINST HUSBAND AND BANK. I DO NOT THINK SO YOUR FIGHT FOR THE SAME AGAINST THE BANK AND HUSBAND CAN MOVE FURTHER.
LAST BUT NOT LEAST YOUR DEMAND FOR MAINTENENCE IS ALSO TAKEN INTO CONSIDERATION BY THE COURT FROM ALL COUNTS AND IN ACCORNDACE WITH YOUR EXPENSES . YOUR HUSBAND MERE STATEMENT THAT SHE WORKS WITH THE BANK AS SO AND SO IS ENOUGH FOR THE COURT TO COME TO THE CONCLUSION THAT YOU ARE WORKING[EARNING] WOMEN AND YOUR CLAIM FOR MAINATEINCE IS DEALT IN ACCORDANCE WITH THAT.
HAD IT BEEN THE CASE THAT YOU WERE WORKING IN A DIFFERENT BANK OR A PRIVATE JOB WEHERE YOUR PAYMENT OR OTHER ALLOWANCES CANNOT BE CALCULATED OR DISCLOSED IT WOULD HAVE BEEN ANOTHER STORY. BUT AS YOUR ARE WORKING IN THE SAME BANK YOU NON DISCLOSING OF YOUR INCOME ITSELF WILL ATTRACT PROCEEDINGS AGAISNT YOU. AS I HAVE DELAT WITH SUCH A MATTER I HAVE PUT FORTH MY VIEWS IN THIS REGARD.
prabhakar singh
(Expert) 11 September 2011
Another excellent view leading to same result i concluded.
Manoj
(Querist) 13 September 2011
Thanks to all experts for their reply.
Thanks Sirs.
