Separated wife deemed spinster for purposes of contract and suing
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Summary
During judicial separation a wife is treated as an unmarried woman for contracts, wrongs and civil proceedings, so she can sue and be sued in her own name. The husband is not liable for contracts, acts or costs she enters into or incurs during the separation. If alimony has been ordered and the husband fails to pay, he is liable for necessaries supplied for her use. She may still join with her husband in exercising any joint power.
Example
Priya gets judicial separation and signs a shop lease in her own name; when rent goes unpaid she can be sued as an unmarried woman and must defend it herself, the husband is not liable for that rent. Later, because an alimony order existed and the husband stopped paying, a grocer who supplied basic food on credit can recover those costs from the husband as necessaries.
Bare Act
Enacted textIn every case of a judicial separation under this Act, the wife shall, whilst so separated, be considered as an unmarried woman for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceeding; and her husband shall not be liable in respect of any contract, act or costs entered into, done, omitted or incurred by her during the separation:
Provided that where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries supplied for her use:
Provided also that nothing shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband.
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