Legal Question in Civil Litigation in India

hi. i am divorce. i had a bank account in one of the bank and also have locker facility with that bank.i had applied for closure of bank locker by providing the divorce certificate as well affidavit duly signed by my ex-wife. bank is saying this is not enough they require my ex wife no objection certificate. i am not understanding is it correct to ask no objection certificate of ex wife. even after providing legal divorce certificate and afidavit? and the worst part is bank has send one notice to my ex-wife without informing me. can i put a case against the bank.? it is a saving account with either or survivor condition.they have removed my ex wife name from saving account after providing the divorce certificate but they are not responding when it comes to locker facility.. i wanted to know what the laws says even i got the divorce in 2010 and also i have the affidavit which clearly says she has no rights. bank can ask me to bring no objectioin certificate in such case?


Asked on 3/28/13, 10:22 am

2 Answer from Attorneys
Vishwa Arya Arya & Co.

If the terms of divorce provides that she has no right left in the bank or that she has given up her right, then bank must accept the divorce decree and release the funds. In such case, you have a right to sue for declaration and damages against th bank.

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Answered on 3/29/13, 4:31 am


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