Deserted wife may apply to Court for protection
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Summary
If a wife is not covered by the special succession rule in the Indian Succession Act and is deserted by her husband, she may petition the District Court or the High Court at any time after the desertion. The court can order protection for any property she already has or may acquire later, shielding it from her husband, his creditors, or anyone claiming under him.
Example
Priya's husband left home and she fears his creditors will attach the small shop she runs. Priya can petition the District Court or High Court to get an order protecting the shop and any future earnings from claims by her husband or his creditors.
Bare Act
Enacted textAny 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.
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