Section 31 of The Divorce Act, 1869
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 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.
Summary
- This rule applies for as long as a protection order remains active.
- During this time, the law treats the deserted wife as being in a specific protected legal position.
- Her rights regarding owning property and making contracts are the same as if she had a decree of judicial separation (a formal order to live apart).
- Her rights regarding suing people or being sued in court are also identical to a wife with a judicial separation.
Practical examples
FAQ
1. How long does this special legal position last?
It lasts for so long as the protection order remains in force during her desertion.
2. What other legal status is her situation compared to?
She is treated exactly as she would be if she had obtained a decree of judicial separation.
3. What parts of her life are covered by this rule?
It covers her property, her ability to make contracts, and her ability to sue others or be sued.
Test yourself
Q1.Under Section 31 of The Divorce Act, 1869, a wife with an active protection order is granted the same legal position as someone who has obtained what?
Q2.Under Section 31 of The Divorce Act, 1869, which of the following is explicitly mentioned as an area where the wife's legal position is protected?
Q3.Under Section 31 of The Divorce Act, 1869, what determines the duration of the wife's special legal position regarding property and contracts?
Q4.(Cross-Reference Question) Section 31 of The Divorce Act, 1869 states a wife with a protection order has the same position as one with a judicial separation. According to Section 24 of the same Act, how is a separated wife's property legally viewed?