Section 29 of The Divorce Act, 1869
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.
Summary
- The husband can apply to the court to change or cancel a protection order.
- A creditor of the husband, or anyone claiming rights under the husband, can also apply for this change.
- The application must be made to the exact same court that originally made the protection order.
- The court can cancel or change the order if it finds out that the husband has stopped deserting the wife.
- The court also has the power to cancel or change the order for any other reason it thinks is appropriate.
Practical examples
FAQ
1. Who is allowed to ask the court to cancel a protection order?
The husband, any creditor of the husband, or a person claiming under the husband can make the request.
2. Which court should they go to if they want the order changed?
They must go to the court that originally made the order.
3. What is a specific reason the law gives for the court to cancel the order?
The law specifically says the court can cancel it if the desertion has ceased.
4. Does the court need a specific listed reason to change the order?
No, the court can also discharge or vary the order if for any other reason it thinks fit to do so.
Test yourself
Q1.Under Section 29 of The Divorce Act, 1869, which of the following parties is explicitly permitted to apply for the discharge or variation of a protection order?
Q2.Under Section 29 of The Divorce Act, 1869, where must an application to change a protection order be filed?
Q3.Under Section 29 of The Divorce Act, 1869, what specific event is mentioned as a reason for the Court to discharge or vary the order?
Q4.Under Section 29 of The Divorce Act, 1869, how much discretion does the Court have when deciding whether to vary an order?