Any wife to whom section 4 of the Indian Succession Act, 1865 (10 of 1865) 1 does 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.
Simplified Explanation
Section 27 of the Indian Divorce Act, 1869 provides legal protection to a wife who has been deserted by her husband, particularly in relation to her property. It allows a deserted wife to seek court intervention to safeguard her property from her husband’s creditors or anyone claiming rights under him.
Key Provisions of Section 27
- Application for Protection:
- A wife who has been deserted by her husband, and who is not covered under Section 4 of the Indian Succession Act, 1865, can petition the District Court for protection of her property.
- Protection of Property:
- The petition is for protecting any property that the wife has acquired or will acquire after being deserted. This protection is against the husband, his creditors, or any person claiming rights under him (e.g., his heirs or representatives).
- Timely Application:
- The wife can present the petition at any time after the desertion. There is no limitation period specified for filing the petition, allowing the wife to seek protection as soon as she is deserted.
Explanation of the Provisions
- Desertion:
- The wife must be deserted by her husband for the purposes of this section. Desertion refers to the abandonment of the wife by her husband, whether it’s physical abandonment or a continuous withdrawal of marital duties and support.
- Indian Succession Act, 1865 – Section 4:
- Section 4 of the Indian Succession Act pertains to property rights of certain women, including widows. This provision excludes wives covered by Section 4 from seeking protection under Section 27 of the Divorce Act. Essentially, if a wife already has certain succession rights under the Indian Succession Act, she is not eligible to apply under this section.
- Property Protection:
- The primary focus of Section 27 is to protect the wife’s property (whether acquired before or after desertion) from her husband’s creditors or other claims related to the husband. This provision helps ensure that, even after desertion, the wife’s property remains her own and is not accessible to the husband’s financial liabilities or claims made by individuals asserting rights due to the husband.
- No Time Limitation:
- There is no specified time limit for filing the petition, allowing the wife to seek the court’s protection at any point after desertion. This flexibility ensures that the wife can act immediately upon desertion or at a later stage if needed.
Practical Implications
- Protection Against Creditors:
- If the husband has significant debts or financial obligations, creditors may attempt to claim assets belonging to the wife if she has acquired property during or after the marriage. This section ensures that the wife’s property remains protected from such claims after desertion.
- Financial Independence:
- This provision helps ensure that the wife retains financial independence and security, especially if the husband’s actions (desertion) have led to the severance of the marital relationship. Her property remains hers, regardless of the husband’s financial problems.
- Legal Security:
- The wife can seek legal recourse to secure her property rights, ensuring that her assets are protected from potential exploitation by the husband or his creditors.
Example of Application
- Wife Deserted by Husband: If a wife has been abandoned by her husband and later acquires property (e.g., through inheritance or business), she may apply to the District Court under this section for an order to protect this property from her husband’s creditors. This means her property cannot be seized to settle any debts or claims made against the husband.
- Husband’s Debts: Suppose the husband was heavily in debt before the desertion and his creditors begin to claim assets from the wife. Under Section 27, she can petition the court to ensure that her assets are kept separate and protected from her husband’s financial obligations.
Conclusion
Section 27 of the Indian Divorce Act, 1869 ensures that a deserted wife can protect her property, both present and future, from her husband’s creditors or any third parties claiming rights due to her husband. It provides a mechanism for the wife to safeguard her financial well-being after desertion, thereby offering security and independence during a challenging time.
