Can I withdraw a fixed amount from the FD of my minor daughter?

by Shivendra Pratap Singh | Feb 20, 2023 | Family Law

Can I withdraw a fixed amount from the FD of my minor daughter? I filed a divorce case against my husband on the ground of bigamy and adultery. The family court has passed the decree of divorce. In that decree the court has ordered the husband to create a fixed deposit with tune to one crore. The husband has filed an appeal against the decree of family court. 

He wanted to stay the implementation of the decree so as to escape from depositing the one crore. But in the appeal the high court had directed the husband to make a fixed deposit in favour of the minor daughter. That appeal has been pending since 2011. I want to withdraw ten lakh rupees for the higher study of my daughter. Can I withdraw ten lakh rupees from the FD of my minor daughter?

The appeal is pending in the high court. Therefore, you should move a miscellaneous civil application in the high court for withdrawal of money. The appeal has been pending since 2011. During the pendency of the appeal your daughter has completed her schooling and matured to get higher education. 

In the interest of justice and for the sake of the welfare of your daughter the high court may order to withdraw that amount for the higher study of your daughter. That fixed deposit was made for the welfare of the daughter. Hence, the court can pass an order if satisfied that you have no source of income to bear the expenses of higher study.

Related:

 

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Related Matters

क्या तलाक के लिये पति-पत्नी को अलग-अलग रहना जरूरी है

क्या तलाक के लिये पति-पत्नी को अलग-अलग रहना जरूरी है। पिछले 23 वर्षों से हम एक साथ हैं लेकिन सिर्फ दिखावे के लिये पत्नी साथ नहीं रहना चाहती है। मैं दुबई में काम करता था और पिछले 11 साल से भारत मे रह रहा हूँ अपनी पत्नी के साथ। मेरे एक बेटी है जो राजस्थान में होस्टल में…

Wife calling me impotent in front of the family members

Wife calling me impotent in front of the family members and also in front of her relatives. She openly talks about my impotency and my sexual behavior to her parents. It is very disgusting for me because I am not impotent. After ten years of marriage we are striving…

Uncompromising conduct of wife is cruelty against husband

Whether uncompromising conduct of wife is cruelty against husband? My wife is not ready to compromise with the traditions of our family. I am a government servant in class I category. My wife is a non-working lady. She does not like my family members and always…

Childless old lady can seek maintenance

Childless old lady can seek maintenance from anyone. My neighbor is an 80-year-old woman living alone in her home. Her husband was one of three brothers, and all have passed away. There are no male relatives residing in her household. The property she lives in is…