Rajathi 03 October 2020

Can a joint pension account be withdrawn by wife

I hold a Joint Pension Account with my Husband and my Husband is a Pensioner and he has Deserted me at this age now and he has a put a Hold on the Joint account that i cant withdraw my Money from the Joint account which i hold with him and the Bank says he is the Primary Account Holder and i as joint Account holder in a Pension account dont have any Rights and how can i send a Notice, since my Husband has Deserted me at this Old age and he being the Pensioner he is withdrawing all the money and i am not able to stop this nor receive any Money from the Joint Pensioner account. Since the Bank is totally Supporting him and says he being a Primary Account holder and he has the Entire Rights too and now all of a Sudden my Husband is Transferring the Joint account to some other account of the Same Bank in anther place so that i cant Claim any Rights. How can i Legally Challenge this, Please advise me

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4 Replies

Dr J C Vashista (Advocate) 04 October 2020

Either of you can operate a Bank joint account.

If your husband is not allowing you to withdraw money from his pension account move to the Magistrate u/s 12 read with section 18 of Protection of Women from Domestic Violence Act, 2005

You can also move a complaint u/s 125 Cr PC for your maintenance from your husband.

G.L.N. Prasad (Retired employee.) 04 October 2020

There is a difference in the HEAD of the Account and operational instructions.

The Head of the account may be in several names or in some other name, but operational instructions with specimen signature should state whether

funds are to be withdrawn with Joint Signatures, either anyone or survivor.

The pension account is opened in joint names for convenience in case of death of a pensioner, as the wife may find a problem in operation etc. It is the pensioner's right to direct his banker as he wishes.

Maintenance is a separate issue not connected with the operation of the bank account.