Wife’s legal position during continuance of order
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Summary
While an order of protection is in force, the wife is treated as if she had obtained a decree of judicial separation. This applies during the period of her desertion covered by that order. She has the same position about property, contracts and the right to sue or be sued as under a judicial separation decree.
Example
Priya gets an order of protection after her husband deserts her. While that order remains in force she may manage or transfer property, enter contracts, and sue or be sued just as if she had a decree of judicial separation.
Bare Act
Enacted textSo long as any such order of protection remains in force, the wife shall be and be deemed to have been, during such desertion of her, in the like position in all respects, with regard to property and contracts and suing and being sued, as she would be under this Act if she obtained a decree of judicial separation.
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