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Section 28 of The Divorce Act, 1869

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.

Summary

The court can grant a protection order if it confirms the husband actually deserted the wife and had no reasonable excuse for doing so.
The court must also verify that the wife is currently supporting herself using her own work or her own property.
The protection order legally shields the wife's earnings and property from the husband and his creditors.
The official order must state the exact time when the desertion began.
For anyone doing business with the wife based on this order, the stated time of desertion is considered absolute legal proof of when it happened.

Practical examples

1Sunita applies for a protection order. She proves her husband left her to live in another state without explanation. She also proves she pays her own bills by working as a teacher. The court grants the order and writes that the desertion officially began on October 4, 2024.

2A bank wants to give a loan to a deserted wife, but they are worried her husband might claim the money. The wife shows the bank her protection order. Because the order explicitly states her husband's desertion started a year ago, the bank can confidently rely on that date to know her finances are legally separated from his.

FAQ

1. What does the court need to check before giving a protection order?

The court needs to check that the desertion happened, that there was no reasonable excuse for it, and that the wife is maintaining herself.

2. How does the wife have to support herself to qualify?

She must be maintaining herself by her own industry (working) or her own property.

3. Does the protection order mention when the husband left?

Yes, every protection order must explicitly state the time at which the desertion commenced.

4. Why is stating the exact time of desertion important?

It provides conclusive legal proof of the timeline for any third parties, like merchants or banks, who deal with the wife relying on the order.

Test yourself

Q1.Under Section 28 of The Divorce Act, 1869, what detail must be explicitly stated in every protection order granted by the court?

Q2.Under Section 28 of The Divorce Act, 1869, what condition must be met regarding the wife's financial status before the court grants the order?

Q3.Under Section 28 of The Divorce Act, 1869, what must the court determine about the husband's reason for leaving?

Q4.Under Section 28 of The Divorce Act, 1869, how is the time of desertion stated in the order treated when third parties deal with the wife?

27PreviousSection 27 Deserted wife may apply to court for protection.29NextSection 29 Discharge or variation of orders.

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