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1The Divorce Act, 1869

( ACT NO. IV OF 1869 )

Chapter VI


Deserted wife may apply to Court for protection
27. Any wife to whom section 4 of 2[the Succession Act, 1925], does not apply, may, when deserted by her husband, present a petition to the District Court or the High Court Division, at any time after such desertion, for an order to protect any property which she may have acquired or may acquire, and any property of which she may have become possessed or may become possessed after such desertion, against her husband or his creditors, or any person claiming under him.
Court may grant protection-order
28. 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.
Discharge or variation of orders
29. 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 think fit so to do, may discharge or vary the order accordingly.
Liability of husband seizing wife’s property after notice of order
30. If the husband, or any creditor of, or person claiming under, the husband, seizes or continues to hold any property of the wife after notice of any such order, he shall be liable, at the suit of the wife (which she is hereby empowered to bring), to return or deliver to her the specific property, and also to pay her a sum equal to double its value.
Wife’s legal position during continuance of order
31. 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.

  • 1
    Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, "High Court Division" and "Appellate Division" were substituted, for the words “Pakistan”, “Provincial Government” or “the said Government”, "High Courts" or "High Court" or "a High Court" and "Supreme Court" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 2
    The words, comma and figure “the Succession Act, 1925” were substituted, for the words, comma and figure “the Indian Succession Act, 1865” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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Ministry of Law, Justice and Parliamentary Affairs