IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15599 of 2009 Smt. Tara Devi, wife of Satya Narayan Giri, village Bisurpur, PS Naubatpur, District Patna – Petitioner. Vs. 1) The State Bank of India through the General Manager Administration Region-1, Administrative Office, Howrah Ganges Garden, 106, Kiran Chandra Singh Road, Shibpore, Howrah. 2) The Assistant General Manager, Administration Region-1, Administrative Office, Howrah Ganges Garden, 106, Kiran Chandra Singh Road, Shibpore, Howrah. 3) The Regional Manager, State Bank of India, Region-1, Zonal Administrative Office, Howrah. 4) The Branch Manager, SBI, Belilious Road Branch, Howrah. 5) Satya Narayan Giri, Senior Assistant, State Bank of India, Belilious Road Branch, Howrah – Respondents. 3 18.10.2011 Heard learned counsel for the petitioner, the counsel appearing on behalf of the Bank and the counsel for respondent no. 5. This writ petition has been filed for a direction to the State Bank of India to include the name of the petitioner as a nominee in the service book of respondent no.5. A direction has also been sought that the name of Shanti Devi should be removed from the nominee column of the service book of respondent no.5. The case of the petitioner is that she is the legally wedded wife of respondent no.5, a Senior Assistant in the State Bank of India posted at Howrah. It is specifically stated that the inclusion of name of the 3rd party as a nominee in the service book of respondent no.5 is not in consonance with law as by doing so respondent no.5 is depriving his wife and the children from their legal rights. On behalf of respondent no.5 it is submitted that the writ petition is not maintainable as no direction can be given by 2 this court to the Bank to strike out the name of Shanti Devi as nominee. It is stated and submitted by learned counsel that he has the right to include anyone as a nominee in his service book. The claim of respondent no.5 is that he has divorced the petitioner in 1974. This fact is stated in paragraph 2 which is quite in contradiction to the facts stated in paragraph 10 of the counter affidavit wherein it is said that he has filed Matrimonial Case No. 652/2010 for divorce. Although, this court cannot give any direction as prayed for by the petitioner, liberty is granted to the petitioner to appear in the matrimonial suit and raise these issues and claim maintenance as provided under the law. This writ petition is dismissed with the aforesaid liberty. haque ( Sheema Ali Khan, J .)