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Protection Order

Protection orders are legal commands from the court aimed at preventing harm to an aggrieved individual or their property, specifically under the Indian Divorce Act, 1869 for deserted wives. The Act allows deserted wives to apply for protection regarding their property, with courts having discretionary power to grant or modify such orders based on specific circumstances. Additionally, if a husband unlawfully seizes property after a protection order is issued, the wife can file a suit for its return and seek compensation.

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63 views1 page

Protection Order

Protection orders are legal commands from the court aimed at preventing harm to an aggrieved individual or their property, specifically under the Indian Divorce Act, 1869 for deserted wives. The Act allows deserted wives to apply for protection regarding their property, with courts having discretionary power to grant or modify such orders based on specific circumstances. Additionally, if a husband unlawfully seizes property after a protection order is issued, the wife can file a suit for its return and seek compensation.

Uploaded by

ps2717056
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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What is a protection order

In a general sense, protection orders are legal instructions or commands given by the court
directing an individual not to harm another (aggrieved individual) or his property. Protection orders
under the Divorce Act, 1869 are given in regard to the property of the deserted wife, against the
husband.

Provisions related to protection orders under the Indian Divorce


Act, 1869
1. Section 27 (Deserted wife may apply to the court for protection):
A deserted wife may approach any district court with competent jurisdiction at any time after the
desertion happened for the protection of her interest. Deserted wives under Section 27 include
those to whom Section 4 of the Indian Succession Act 1925, does not apply (Indian Succession
Act, doesn’t apply to Hindus, Muhammadan, Buddhist, sikh and Jain).
2. Section 28 (Court may grant protection order):
Courts by using their discretionary power may or may not grant the protection order in regard to
the property. If the court is satisfied or may think that the desertion happened on unreasonable or
absurd grounds, without the consent of the wife and the wife is maintaining herself from her
property or any business or industry or the part of the property of her husband which she has an
interest or right, then on such grounds, it may extend protection order to the wife. Such delivered
orders need to be conclusive for the time passed.
3. Section 29 (Discharge or variation of orders):
Under Section 29, as the court has discretionary power to grant protection orders, it does have the
additional power of dismissing the same on any reasoned grounds or if there is a need for any
alterations in the already delivered protection order. The grounds on the basis of which, discharge
or variation of existing order can take place, have been listed hereunder:
 If the desertion ceases thereby the husband reunites with his wife and assents to carry
forward his matrimonial obligations with the wife, or
 Wife misuse the protection granted by the court, or
 For any other reasonable grounds.
4. Section 30 (Liability of husband seizing wife’s property after notice of order):
If the husband or his creditors or any other person claiming under him seizes or continues to hold
such property by going against the court orders, then in such cases, the wife is entitled to file a
suit against such person. The specific property shall be delivered or returned to the wife under the
appropriate condition by the husband and he shall also be liable to pay a sum amount of money as
compensation to the wife, and the compensation shall be double of such particular property’s
value.
5. Section 31 (Wife’s legal position during the continuance of order):
If the wife obtains a protection order from the court,
 She shall be deemed to have been deserted by her husband without reasonable cause,
 She shall possess the absolute and full right over the property in respect of all positions,
 She will have the right to enter into the Agreement with respect to the property,
To protect such right she shall be in the position of suing others who infringes her right over the
property and being sued for the same during the continuance of a protection order.

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