Power to order settlement of wife’s property for benefit of husband and children
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Summary
On a decree for divorce or judicial separation for a wife’s adultery, if the wife is entitled to any property the court can order a reasonable settlement of that property for the husband, the children, or both. Documents made under such an order at or after the decree are valid despite any disability of coverture. The court can also direct that damages recovered be settled for the children or for the wife’s maintenance.
Example
Priya is divorced for adultery and owns a small flat she inherited. The court finds she is entitled to it and orders part of the flat's value to be settled for her children's benefit; any transfer deed executed after the decree is valid despite any disability of coverture. The court also directs that damages awarded be kept for the children's maintenance.
Bare Act
Enacted textWhenever the Court pronounces a decree of dissolution of marriage or judicial separation for adultery of the wife, if it is made to appear to the Court that the wife is entitled to any property, the Court may, if it think fit, order such settlement as it thinks reasonable to be made of such property or any part thereof, for the benefit of the husband, or of the children of the marriage, or of both. Any instrument executed pursuant to any order of the Court at the time of or after the pronouncing of a decree of dissolution of marriage or judicial separation, shall be deemed valid notwithstanding the existence of the disability of coverture it the time of the execution thereof.
Settlement of damages.- The Court may direct that the whole or any part of the damages recovered under section 34 shall be settled for the benefit of the children of the marriage, or as a provision for the maintenance of the wife.
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