Bank statement leak without account holder consent
3 months ago
Can my dad get bank statement of my mom. He has produced it in court against her in recent maintanance hearing.
1. How did he possibly get it?
2. Does a bank have a right to provide it to him without my mom concent?
3. Could filing RTI provide bank bank statement to husband in any way?
What action can she take against my dad for illegally gathering bank statement, if it is?
And against bank for providing it to him without account holder (my mom) consent.
Are banks rightful in disclosing such personal details without consent of account holder or court order.
Background:
My mom has filed a maintanance case against my dad and is ongoing for last 6years. During recent hearing at court, my dad has produced bank statement of my moms bank account (not a joint account).
My parents are not divorsed but are living seperately for last 8years. I live with my mom. My mom is home maker and has no external income source.
Banks are bound by strict confidentiality regulations, and releasing bank statements without the account holder's consent constitutes a serious breach. If a spouse gains unauthorized access to an account holder's statements, both the spouse and any bank officials involved may be liable for criminal breach of trust and violation of the Information Technology Act. If a wife wishes to pursue a criminal prosecution against her husband and the bank, she must establish collusion between them in obtaining the statements. Seeking guidance from a legal professional, such as an advocate, is essential in navigating the legal complexities of such a case. The advocate can provide insights into the necessary steps, evidence required, and the legal procedures involved in pursuing a case of this nature.
Thankyou
Banks only release bank statements to the account holder, and your spouse cannot view them without your consent. Unless it's a joint account, banks can't give you that information. The bank and its officials who deliver the statement of accounts of an account holder without his consent to anybody including the spouse of the account holder, commit the offence of criminal breach of trust and 66C IT Act. The spouse too is as guilty as the bank officials. If the wife launches a criminal prosecution against the husband and bank then she has to prove that the statement was obtained by her husband in collusion with the bank. Reach out to An Advocate for guidance and steps.
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