I’m a banker and living separately from my husband as divorce case has been filed by me.I have taken a printout of bank statement of my husbands account in our bank and now he has filed a case against me and bank has been made party in this.I’m now feeling threat to my job as the statement was taken from my own login I’d of bankKindly advise
Asked 5 years ago in Criminal Law
Religion: Hindu
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You must not worry at all, didnt your lawyer tell you that a wife has every right to know a husband's salary or income after marriage, these are not my words, i have reference to the same effect stated by court
Aveek Bose
Advocate, Kolkata
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Any relevant AIR
Asked 5 years ago
See being a wife you could have asked for these statements from bank vide RTI or through court from husband but being banker taking printouts yourself and presenting before court amounts to misuse of your authority and further deficiency on part of the bank.
So if it is proved and established you took print out bank can take action against you for same.
So firstly kindly elobrate what are allegations husband has put against you and bank based on same it can be denied and defended.
Shubham Jhajharia
Advocate, Ahmedabad
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Yes
Aveek Bose
Advocate, Kolkata
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1. This is surely invasion of privacy, for which your husband can file a criminal complaint against you and bank under Section 406 IPC for criminal breach of trust.
2. Apart from the criminal breach of trust, he can also sue you and bank for damages under civil law. If damages are ordered against the bank also then it can recover the same with cost of litigation from you. Bank can also terminate your services for this. Even bank has a cause of action to lodge a FIR against you for criminal breach of trust.
3. It goes without saying that statement of accounts of your husband which you obtained in an illegal manner is inadmissible in evidence.
Ashish Davessar
Advocate, Jaipur
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bank cannot give such statement to a third party without the account holder’s authorization. The bank’s action was a clear breach of the account holder privacy
consumer forum would impose fine on bank
further disciplinary action would be taken against you
Ajay Sethi
Advocate, Mumbai
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You have committed no crime unless his account was hacked or any internet fraud was done.
2. It is not clear by what means you obtained such details.
3. if no illegality was adopted then it is at best a civil suit for which your employment should not be put to risk.
Devajyoti Barman
Advocate, Kolkata
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1. By doing what you did, you have become liable for prosecutable offences like Fraud, Intimidation, Breach of Trust, etc....
2. Further you have left yourself vulnerable with no choice but to try for amicable settlement.
Hemant Agarwal
Advocate, Mumbai
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Hello There,
the answer lies in to your appointment rules and nothing else...
just go through your rule books and see if you are not authorized to check the bank details of any customer or not..
and what i feel, you should not be so threatened to feel that you would lost your job..
just check with your banking rules and revert again..
regards.
Shailendra Singh
Advocate, Delhi
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You should have not done it. Now you need deny the same. If you accept you will face termination
Prashant Nayak
Advocate, Mumbai
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Wife has access to husband account but as an employee, you committed offense. Where you used that statement ? Are you nominee to account ?
Yogendra Singh Rajawat
Advocate, Jaipur
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You should not have done the same.
Without authority of the customer and bank, you can not use your account to take out personal details of the client
Anilesh Tewari
Advocate, New Delhi
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What is the case that he has filed against you.
If he has filed a data theft case, being a banker you may state that he asked you to take this when he was in good terms hence it was at his instance that you got this statement prepared.
Without knowing the nature of complaint and status of your case, it may not be possible to render a proper opinion on this hence you may approach an advocate for a second opinion by contacting them in person or over phone or even someone from this forum too.
T Kalaiselvan
Advocate, Vellore
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Without knowing what case he has filed against you, whether it is a police complaint or a private complaint, whether it is a civil case or a criminal case, no opinion can be arrived at your case.
T Kalaiselvan
Advocate, Vellore
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Bank employed are part and parcel of the bank and they can check and monitor the activity of the account without permission of any client. But without consent of holder you cannot take statement printout.
Mohammed Mujeeb
Advocate, Hyderabad
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Dear madam
Have you admitted the statement as evidence in the divorce case if yes then
You have done an offence by accessing your husband account without his consent.
If you want to save your job and also want to get divorce ask him to settle the matter by way of compromise. If he agrees than you both can go for mutual divorce but dont give any written promise until he withdraw the complaint/case against you. Or does not give any statement regarding this case in written.
And if no don't submit the statement as evidence and destroy the statement and try that some official in your bank can help you in this matter.
Mohit Kapoor
Advocate, Rohtak
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i can provide you the reference. here you go:
The single bench set aside the CIC order referring to the judgment of the Supreme Court,had held copies of all memos, show cause notices and orders of censure/punishment, assets, income tax returns, details of gifts received etc. by a public servant are personal information as defined in Clause (j) of Section 8(1) of the RTI Act.
While dealing with the Section 8(1)(j) of the Act, we cannot lose sight of the fact that the appellant and the respondent are husband and wife and as a wife she is entitled to know what remuneration the respondent is getting.
Aveek Bose
Advocate, Kolkata
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- Actually, as per the information mentioned in the present query, makes it clear that you being bank employee had the access of your husband data by somehow.
- And his data is actually his private property, no body can access it until there is a court order or any authority for statehood purpose or with his consent.
- But, if you can prove that you wanted this record to prove something before there court of law in your contested divorce which has been trying not to disclose then there will be no case made out against you.
Sanjay Baniwal
Advocate, South Delhi
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