Ashishkumar Dilipbhai Bhatt vs Branch Manager, Axis Bank, ...
2021 Latest Caselaw 13954 Guj

     C/SCA/12781/2021                          ORDER DATED: 14/09/2021




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CIVIL APPLICATION NO. 12781 of 2021

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                  ASHISHKUMAR DILIPBHAI BHATT
                            Versus
           BRANCH MANAGER, AXIS BANK, VEJALPUR BRANCH
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Appearance:
MR PREMAL NANAVATY WITH MR HARSH V GAJJAR(7828) for the
Petitioner(s) No. 1
 for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                        Date : 14/09/2021

                           ORAL ORDER

Heard learned advocate Mr.Premal Nanavaty assisted by learned advocate Mr.Harsh Gajjar for the petitioner.

2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :

"A. By issuing a writ or mandamus or any other appropriate writ, order and / or direction, your Lordships may be pleased to direct the respondent No.1 to unfreeze Savings Bank Joint Account No.058010100001571 and delete joint holder of the account (erstwhile spouse of petitioner)and allow the petitioner to operate the same.

B. By issuing a writ of mandamus or any other appropriate writ, order and / or direction, Your Lordship[s may be pleased to direct the respondent No.1 to issue duplicate key for Locker No.124 and delete joint holder (erstwhile spouse of petitioner) of the Locker No.124 held with the respondent No.1 and permit the petitioner to operate the same by imposing any suitable condition as this Hon'ble Court deems fit.

C. Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to direct the respondent No.1 to consider the request of the petitioner dated 30.08.2019 in

C/SCA/12781/2021 ORDER DATED: 14/09/2021

view of the judgment passed by the Division Bench of this Hon'ble Court in First Appeal No.811 of 2012.

D. An ex parte ad interim relief may be granted in terms of paragraph C above.

E. Your Lordships may be pleased to grant such other and further reliefs as may be deemed just, fit and proper in the interest of justice."

3. It is the case of the petitioner that the petitioner was holding a joint account and a locker with his erstwhile wife with the respondent - Bank.

3.1 The Division Bench of this Court (Coram : Hon'ble Ms.Justice Harsha Devani and Hon'ble Mr.Justice A.S. Supehia) vide judgment dated 4th May, 2017 has passed a decree of divorce under Section 23A of the Hindu Marriage Act, 1955.

3.2 It appears that the petitioner thereafter requested the respondent - Bank to permit him to operate the bank account as well as the locker in view of the order of decree of divorce passed by this Court.

3.3 However, the respondent - Bank by letter dated 10 th October, 2019 rejected the request of the petitioner on the ground that there is no consent of the joint holder of the bank account as well as the locker and there is no direction or order from the Court on the settlement of the joint account and locker standing in the name of both the joint account holders. Accordingly, the petitioner was requested to obtain the written mandate of the joint holder or alternatively direction / order of the Court to permit the petitioner to operate the joint account as well as the locker with the respondent - Bank.

C/SCA/12781/2021 ORDER DATED: 14/09/2021

3.4 The petitioner has therefore, preferred this petition with the aforesaid prayers.

4. Learned advocate Mr.Premal Nanavaty assisted by learned advocate Mr.Harsh Gajjar for the petitioner submitted that in view of the order passed by this Court for decree of divorce, the respondent - Bank ought to have permitted the petitioner to operate the joint account as well as the locker with the respondent - Bank.

4.1 Learned advocate Mr.Nanavaty submitted that the respondent - Bank in past in the year 2009 also acted upon the instructions given by the erstwhile wife of the petitioner to freeze the account on an application made by her at the relevant time. It was therefore, submitted that the respondent

- Bank cannot take a different stand more particularly when this Court has passed an order granting decree of divorce to the petitioner.

4.2 It was submitted that during the course of hearing of the First Appeal before this Court, it was specifically stated on behalf of the erstwhile wife of the petitioner that she has no interest in the properties of the petitioner as she has settled at the U.S.A.

5. Having heard the learned advocate for the petitioner, it appears that pursuant to the order passed by this Court granting decree of divorce, the petitioner is required to file an execution petition before the appropriate court so as to permit him to operate the bank account as well as the locker which

C/SCA/12781/2021 ORDER DATED: 14/09/2021

are in the joint name of the petitioner and his erstwhile wife. This Court in the order dated 4 th May, 2017 passed in First Appeal No.811 of 2012 has held as under :

"(6) The aforesaid section enables the respondent to seek relief under the Hindu Marriage Act, 1955 if adultery, cruelty or desertion is proved. Thus, in the peculiar facts and circumstances of the case, we are of the considered opinion that the husband-respondent in appeal is entitled to relief under section 23A of the Act on the ground of desertion as it is evident that the wife has left him since 2009 and has settled in U.S.A permanently since 2013 with her children. We have also perused the judgement dated 22.7.2015 passed by the Chief Judicial Magistrate, Ahmedabad in Criminal Case No.11860 of 2009, which reveals that the husband and his family members are acquitted on merits. We refrain from expressing any opinion on the circumstances under which the appellant had to live an adulterous life. Simultaneously, the version of the husband before the Trial Court that despite having the knowledge of adultery on the part of his wife, he continued with his marital life with a hope that she will improve by passage of time, does not inspire confidence. However, the facts remain that the appellant-wife was unable to prove the cruelty on the part of the husband and it is an admitted fact that the two children were born as a result of relationship with the cousin brother of the respondent-husband. Thus, insofar as First Appeal No.811 of 2012 preferred by the appellant-wife, while disagreeing with the reasoning adopted by the Principal Judge, Family Court, Ahmedabad, we agree with the final outcome of Family Suit No.601 of 2009, viz., that the wife has failed to establish cruelty on the part of the respondent-husband. Consequently, First Appeal No.811 of 2012 is hereby dismissed.

(7) In wake of the multifaceted circumstances, the husband- applicant is entitled to the decree of divorce on the ground stated in section 13(1)(ib) of the Act. Civil Application No.4518 of 2017 filed by the husband is allowed. The marriage between the applicant-husband and the respondent-wife solemnized on 03.12.1995 at Vadodara is hereby dissolved by a decree of divorce."

5.1 In view of the aforesaid order, the petitioner is directed to approach the appropriate court for obtaining necessary orders to operate the joint bank account as well as the locker with the

C/SCA/12781/2021 ORDER DATED: 14/09/2021

respondent - Bank. Such proceedings will be filed by the petitioner within a period of 2 weeks from today and on receipt of such proceedings the appropriate court shall decide the same in accordance with law as expeditiously as possible preferably within a period of 3 months from the date of filing of such application.

6. With the aforesaid directions, the present petition stands disposed of.

(BHARGAV D. KARIA, J)

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