Tuesday 4 June 2013

Deserted wife may apply to Court for protection

Section 27. Deserted wife may apply to Court for protection.-


Any wife to whom section 4 of the Indian Succession Act, 18651* (10 of 1865), does not apply, may, when deserted by her husband, present a petition to the District Court or the High Court, at any time after such desertion, for an order to protect any property which she may have acquired or may acquire, and any property of which she may have become possessed or may become possessed after such desertion, against her husband or his creditors, or any person claiming under him.

Section 28.Court may grant protection-order.-The Court, if satisfied of the fact of such desertion. and that the same was without reasonable excuse, and that the wife is maintaining herself by her

own industry or property, may make and give to the wife an order protecting her earnings and other property from her husband and all creditors and persons claiming under him. Every such order shall state the time at which the desertion commenced, and shall, as regards all persons dealing with the wife in reliance thereon, be conclusive as to such time.

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1. See now the Indian Succession Act, 1925 (39 of 1925).
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