Decree for separation or protection-order valid as to persons dealing with wife before reversal
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Summary
Decrees for judicial separation or protection orders obtained by a wife remain valid until reversed or discharged, and protect persons who deal with the wife in reliance on them. A later reversal or variation does not affect rights or remedies from contracts or acts done between the decree and its reversal. Persons who paid or transferred property to the wife relying on the decree are indemnified unless they had notice of the reversal.
Example
Priya gets a protection order and then accepts payment from Aditya for selling a gold chain, both acting in reliance on the order. If the order is later reversed, Aditya’s payment and his rights about that sale remain protected; he cannot be compelled to return the money unless he had notice of the reversal when he paid.
Bare Act
Enacted textEvery decree for judicial separation or order to protect property, obtained by a wife under this Act shall, until reversed or discharged, be deemed valid, so far as necessary, for the protection of any person dealing with the wife. No reversal, discharge or variation of such decree or order shall affect any rights or remedies which any person would otherwise have had in respect of any contracts or acts of the wife entered into or done between the dates of such decree or order, and of the reversal, discharge or variation thereof.
Indemnity of persons making payment to wife without notice of reversal of decree or protection order.- All persons who in reliance on any such decree or order make any payment to, or permit any transfer or act to be made or done by, the wife who has obtained the same shall, notwithstanding such decree or order may then have been reversed, discharged or varied, or the separation of the wife from her husband may have ceased, or at some Lime since the making of the decree or order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act, such decree or order were valid and still subsisting without variation, and the separation had not ceased or been discontinued, unless, at the time of the, payment, transfer or other act, such persons had notice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance of the separation.
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