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BADAL KUMAR RAUL   17 March 2018

Regarding Bank laws

A Joint account was operating between Husband and wife in ODISHA GRAMYA BANK. After that quarrel arises and wife filed a petition for divorce and mantainance. In between husband was died.when wife go to withdraw money from joint account, bank official denied to withdraw remarking your case is pending before court.what are the solution


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 1 Replies

R.Ramachandran (Advocate)     17 March 2018

So long as the Divorce was not granted before the death of the husband, the relationship of husband and wife remains.  Therefore, the Bank is absolutely in the wrong in denying operation of the account by the Wife.

In addition, ask the wife to withdraw the divorce petition, as her husband has already expired, and there will be no use in pursuing the divorce petition.  (This will also effectively answer the bank's objection that divorce petition is pending.  Once the petition is withdrawn, the bank's objection also should go.)  This does not mean, that the bank is right in denying the wife from operating the joint account.

 


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