Inquiry into existence of ante-nuptial or post-nuptial settlements
AI Assist
Summary
After a decree absolute or a decree of nullity by the High Court, or after a District Court decree is confirmed, the court may investigate any ante-nuptial or post-nuptial settlements affecting the parties. The court can order that all or part of the settled property be applied for the husband, the wife’s children, or for children and parents, but it cannot benefit parents at the expense of the children.
Example
Priya obtains a decree absolute ending her marriage and says there was an ante-nuptial settlement that set aside a house for the children. The court can investigate that settlement and order the house, or part of its value, to be applied for the children’s benefit or for the husband as it thinks fit. The court cannot award the parents more at the expense of the children.
Bare Act
Enacted textThe High Court, after a decree absolute for dissolution of marriage, or a decree of nullity of marriage, and the District Court, after its decree for dissolution of marriage or of nullity of marriage has been confirmed, may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders, with reference to the application of the whole or a portion of the property settled, whether for the benefit of the husband of the wife, or of the children (if any) of the marriage, or of both children and parents, as to the Court seems fit:
Provided that the Court shall not make any order for the benefit of the parents or either of them at the expense of the children.
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