Question: 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?
Asked from: Uttar Pradesh
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.