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Indian Divorce Act, 1869

25. Separated wife deemed spinster for purposes of contract and suing

In every case of a judicial separation under this Act, the wife shall whilst so separated, be considered as an unmarried woman for the purpose of contract, and wrongs and injuries, and suing and being sued in any civil proceedings; and her husband shall not be liable in respect of any contract, act or costs entered into, done, omitted or incurred by her during the separation:

PROVIDED that where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries supplied for her use:

PROVIDED ALSO that nothing shall prevent the wife from joining at any time during such separation, in the exercise of any joint power given to herself and her husband.

Indian Divorce Act, 1869 Back

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