Separated wife deemed spinster with respect to after-acquired property
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Summary
From the date a court grants judicial separation and while it continues, the wife is treated as unmarried for any property she acquires or that devolves on her. She may deal with such property in all respects as an unmarried woman, and if she dies intestate it will pass as if her husband were already dead. If she resumes cohabitation, property she is entitled to at that time remains her separate property, subject to any written agreement made while they were separate.
Example
Priya obtains judicial separation. While separated she buys a shop and can sell or mortgage it like an unmarried woman. If she dies intestate, that shop will pass as if her husband were already dead. If she later resumes cohabitation with her husband, the property she then owns remains for her separate use, except to the extent of any written agreement made while they were separate.
Bare Act
Enacted textIn every case of a judicial separation under this Act, the wife shall, from the date of the sentence, and whilst the separation continues, be considered as unmarried with respect to property of every description which she may acquire, or which may come to or devolve upon her. Such property may be disposed of by her in all respects as an unmarried woman, and on her decease the same shall, in case she dies intestate, go as the same would have gone if her husband had been then dead:
Provided that, if any such wife again cohabits with her husband, all such property as she may be entitled to when such cohabitation takes place shall be held to her separate use, subject, however, to any agreement in writing made between herself and her husband whilst separate.
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