closure of joint bank FD after divorce

Question

My Ex -Spouse filed petition and divorced me through an ex parte court order in Jan 2020 she however did not claim for any alimony and we have a joint bank account where there is FD, its 5 years since we are separated, she also did not claim right to this joint bank acc where I am the primary acc holder and she is co holder, Now bank is asking me to produce divorce copy along with settlement order (Exparte order does not have since she did not claim anything except divorce) or bank is asking for consent letter of both parties, but she is incommunicable for 5 years although I tried reaching out to her multiple time through phone/personal/ office e-mail. Now what is the legal option for me to get my money back. I have proofs to submit that the money is mine in Joint account is legally earned by me and to till date bank is deducting TDS against my PAN only. What are the legal options available to me to claim my money in the Joint bank account

Answer ( 1 )

  1. You are advised to file a suit for declaration and direction to the bank to release the amount on the basis of the divorce obtained by the wife. on the basis of the decree passed by the court, the bank will allow the FD to be broken and amount be credited in your account.

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