Liability of husband seizing wife’s property after notice of order
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Summary
If a husband, his creditor, or someone claiming through him seizes or continues to hold any property of the wife after receiving notice of an order, they must give back that specific property and pay the wife twice its value. The wife can bring a suit to recover the property and claim the double-value payment.
Example
Priya gets a court order declaring a small shop counter in the marital premises as her property. After being served notice, her husband’s creditor seizes and keeps the counter. Priya sues: she can get the exact counter back and a payment equal to twice its value.
Bare Act
Enacted textIf the husband, or any creditor of, or person claiming under, the husband, seizes or continues to hold any property of the wife after notice of any such order, he shall be liable, at the suit of the wife (which she is hereby empowered to bring), to return or deliver to her the specific property, and also to pay her a sum equal to double its value.
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