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IDA, 1869
Start Practicing
IDAChapter VISection 28
Section28

Court may grant protection-order

AI Assist

Summary

If a wife has been deserted without reasonable excuse and is supporting herself by her own work or property, the court may order that her earnings and other property be protected from her husband and from his creditors and persons claiming under him. The order must state when the desertion began. That stated date is conclusive for people who deal with the wife relying on the order.

Example

Priya's husband left home without reasonable excuse two years ago. Priya supports herself by running a small shop. The court can order that her shop earnings and other property cannot be touched by her husband or his creditors. The order will record when the desertion began, and that date is conclusive for anyone acting on the order.

Bare Act

Enacted text

The Court, if satisfied of the fact of such desertion. and that the same was without reasonable excuse, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order protecting her earnings and other property from her husband and all creditors and persons claiming under him. Every such order shall state the time at which the desertion commenced, and shall, as regards all persons dealing with the wife in reliance thereon, be conclusive as to such time.

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VI

Chapter VI

Protection-Orders

In this chapter

  • 27Deserted wife may apply to Court for protection
  • 28Court may grant protection-order
  • 29Discharge of variation of orders
  • 30Liability of husband seizing wife’s property after notice of order
  • 31Wife’s legal position during continuance of order
Previous · Section 27Deserted wife may apply to Court for protectionNext · Section 29Discharge of variation of orders