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2008 DIGILAW 447 (PAT)

Sushila Devi v. Bank of India

2008-03-03

body2008
ORDER 1. Heard learned counsel for the parties. 2. Petitioner claims herself to be the wife of one Ramchandra Prasad Singh @ Ramchandra Prasad resident of village and P.O. Kajoor, P.S. Atari, District-Gaya. Petitioner's husband is drawing pension from the respondent, Bank of India, Wazirganj Branch in the district of Gaya the account number given is 2289. The reason why the petitioner has had to approach this Court is because of the misfortune which has struck. Due to various illness relating to his neurological condition the husband has been confined to bed and immovable. Efforts to obtain medical help across the country has not given good result. It is not possible therefore for the husband of the petitioner now to go and withdraw money from the bank and take care of the family. Petitioner has not only to take care of her husband and meet the expenses in treatment but also the run household. The material which has been brought on record certifies the statement made by the petitioner in this regard. 3. Learned Senior counsel appearing on behalf of the respondent Bank does not dispute the basic assertion made in the writ application. But he submits that in accordance with the banking norms till the petitioner is added as joint account holder she shall not be given liberty to operate the account. The stand of the respondent strictly speaking is not a misplaced stand, but keeping in mind the human problem steps will have to be taken to ensure the withdrawal of money from the pension account of the petitioner's husband to take care of the husband and the family. 4. This Court accordingly directs the Branch Manager of the Bank of India, Wazirganj Branch, District-Gaya to include the petitioner after completing the formalities of filling in the form as a joint account holder in the pension account of her husband which is being maintained in the said Branch. 5. The respondent shall not be hypertechnical keeping in mind that the husband of the petitioner is not in a physical condition to present himself before the Branch to facilitate inclusion of his wife in the said account. If need be the Branch Manager of the Bank in question can depute a person to go to the house of the petitioner to satisfy itself if the requirement in this regard is necessitated at all. 6. If need be the Branch Manager of the Bank in question can depute a person to go to the house of the petitioner to satisfy itself if the requirement in this regard is necessitated at all. 6. This writ application is disposed of with the above direction and with the hope that the matter will be put in place preferably within a period of one month from the date of communication or production of a copy of this order.