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Indian Divorce Act, 1869


39. Power to order settlement of wife’s property for benefit of husband and children

Whenever the court pronounces a decree of dissolution of marriage or judicial separation for adultery of the wife, if it is made to appear to the court that the wife is entitled to any property, the court may, if it thinks fit, order such settlement as it thinks reasonable to be made of such property or any part thereof, for the benefit of the husband, or of the children of the marriage, or of both.

Any instrument executed pursuant to any order of the court at the time or after the pronouncing of a decree of dissolution of marriage or judicial separation, shall be deemed valid notwithstanding the existence of the disability of coverture at the time of the execution thereof.

Settlement of damages- The court may direct that the whole or any part of the damages recovered under section 34, shall be settled for the benefit of the children of the marriage, or as a provision for the maintenance of the wife.



Indian Divorce Act, 1869 Back




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