ravivakill (ADVOCATE) 19 June 2013

Maintenance very urgent

A Husband, from his own earning deposited joint fixed deposited in a bank for 5 years having first name of wife and second name of Husband, nominee is their son. Due to Quarrel among them wife file Maintenance suit U/S 125 (3) cr.pc in the court. The court sanctions monthly maintenance in favour of wife. Husband obey the order of court & paying maintenance regularly to wife & his small son, as son is with mother. Now wife withdraw interest from the bank also without consent of husband taking the advantage of First name in fixed Deposit. Can Husband file suit against wife for the recovery of interest accumulated from fixed Deposit . If yes under what section? Here would i like to mention that actually at the time of opening of fixed deposit account instructions are given to the bank to deposit the interest in wife's account Civil or criminal suit plz reply

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3 Replies

Dr. Jyothi Vishwanath (Associate Professor of Law) 19 June 2013

The husband can inform the court about the fact of withdrawal of interest by the wife. The conduct of the wife can be bought before the court. As bank was instructed to deposit interest in bank account, nothing much can be done now.

Advocate Abhijeet singh (ADVOCATE) 19 June 2013

you can inform to court regarding this ., that my wife have a sources of income that would give relax to for given maintenance. and withdrawal of interest by ur wife with out concent is depend upon the type of account joint or either or survival or kind of account.