27. Deserted wife may apply to court for protection.—Any wife to whom section 4 of the
Indian Succession Act, 1865 (10 of 1865)1does not apply, may, when deserted by her husband,
present a petition to the District Court 2***, at any time after such desertion, for an order to protect
any property which she may have acquired or may acquire, and any property of which she may have
become possessed or may become possessed after such desertion, against her husband or his creditors,
or any person claiming under him.
28. Court may grant protection-order.—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.
29. Discharge or variation of orders.—The husband or any creditor of, or person claiming under
him, may apply to the Court by which such order was made for the discharge or variation thereof, and
the Court, if the desertion has ceased, or if for any other reason it thinks fit so to do, may discharge or
vary the order accordingly.
30. Liability of husband seizing wife’s property after notice of order.—If 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.
31. Wife’s legal position during continuance of order.—So 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
1. See now the Indian Succession Act, 1925 (39 of 1925).
2. The words “or the High Court” omitted by Act 51 of 2001, s. 18 (w.e.f. 3-10-2001).
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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.