Orissa High Court Permits Premature Withdrawal of Fixed Deposit for Marriage Expenses

The Orissa High Court allowed a woman to prematurely withdraw her fixed deposit from the Post Bank to fund a family marriage, despite the bank’s contention that early encashment was impermissible under Rule 8(d) of the National Savings Time Deposit Scheme, 2019. The petitioner, Priyadarsini Das, had invested in five-year fixed deposits but sought early withdrawal due to urgent familial obligations. Justice Dixit Krishna Shripad observed that Hindu Law recognizes marriage as a traditional necessity, and the petitioner has an inherent right to utilize her own funds for such purposes. The Court emphasized that the rule cited by the bank cannot completely bar withdrawal, as it is subordinate legislation rather than a statute, and should not override individual property rights. The Court issued a writ of mandamus directing the bank to permit withdrawal within two weeks, failing which an interest of 1% per month would apply. This ruling highlights judicial recognition of personal financial autonomy and traditional necessities in civil law contexts, reinforcing the principle that ownership of funds entitles the owner to decide its lawful use.