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IDA, 1869
Start Practicing
IDAChapter XIISection 48
Section48

Suits on behalf of lunatics

AI Assist

Summary

If a husband or wife is a lunatic or idiot, any suit under this Act except for restitution of conjugal rights may be brought for them by the committee or by the person entitled to their custody. That authorised person must start and conduct the proceedings on behalf of the incapable spouse.

Example

Priya's husband Rohan is of unsound mind and cannot manage his affairs. The committee entitled to his custody files for divorce on his behalf under this Act; they cannot file a suit for restitution of conjugal rights for him.

Bare Act

Enacted text

When the husband or wife is a lunatic or idiot, any suit under this Act (other than a suit for restitution of conjugal rights) may be brought on his or her behalf by the committee or other person entitled to his or her custody.

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XII

Chapter XII

Procedure

In this chapter

  • 45Code of Civil Procedure to apply
  • 46Forms of Petitions and statements
  • 47Petition to state absence of collusion
  • 48Suits on behalf of lunatics
  • 49Suits by minors
  • 50Service of Petition
  • 51Mode of taking evidence
  • 52Competence of husband and wife to give evidence as to cruelly or desertion
  • 53Power to close doors
  • 54Power to adjourn
  • 55Enforcement of, and appeal from, orders and decrees
  • 56Appeal to the Supreme Court
Previous · Section 47Petition to state absence of collusionNext · Section 49Suits by minors