Section 60 of The Divorce Act, 1869
Decree for separation or protection-order valid as to persons dealing with wife before reversal.
Every decree for judicial separation or order to protect property, obtained by a wife under this Act shall, until reversed or discharged, be deemed valid, so far as necessary, for the protection of any person dealing with the wife. No reversal, discharge or variation of such decree or order shall affect any rights or remedies which any person would otherwise have had in respect of any contracts or acts of the wife entered into or done between the dates of such decree or order, and of the reversal, discharge or variation thereof. Indemnity of persons making payment to wife without notice of reversal of decree or protection order.-- All persons who in reliance on any such decree or order make any payment to, or permit any transfer or act to be made or done by, the wife who has obtained the same shall, notwithstanding such decree or order may then have been reversed, discharged or varied, or the separation of the wife from her husband may have ceased, or at some time since the making of the decree or order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act, such decree or order were valid and still subsisting without variation, and the separation had not ceased or been discontinued, unless, at the time of the payment, transfer or other act, such persons had notice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance of the separation.
Summary
- A legal decree for judicial separation, or an order protecting a wife's property, is valid for anyone doing business with her until the court reverses or discharges it.
- If a court later reverses or cancels the separation decree or protection order, it does not erase the rights of people who signed contracts with the wife while it was active.
- Anyone who hands over property or makes a payment to the wife trusting the active decree is completely protected from legal consequences.
- This protection holds true even if the decree had actually been reversed, or if the couple had gotten back together, at the exact time the person made the payment.
- The only exception is if the person making the payment had actual notice that the decree was reversed or the separation had ended before they handed over the money.
Practical examples
FAQ
1. What happens to contracts a wife signs while a separation decree is active, if the decree is later cancelled?
The contracts remain completely valid and binding, and the cancellation does not affect the rights of the people who made those contracts with her.
2. Is a person protected if they pay the wife after the separation has secretly ended?
Yes, they are protected and indemnified as long as they had no notice that the separation had ceased or the decree was reversed.
3. What if someone knows the decree was reversed but still gives the wife the husband's property?
They are not protected. The law requires them to not have notice of the reversal or cessation at the time they make the transfer.
Test yourself
1.Under Section 60 of The Divorce Act, 1869, what happens if a person makes a payment to a wife based on a protection order, but the order had actually been reversed without their knowledge?
2.Under Section 60 of The Divorce Act, 1869, when is a person NOT protected if they transfer property to a wife after her judicial separation has ceased?
3.Under Section 60 of The Divorce Act, 1869, how does the reversal of a decree for judicial separation affect the rights of people who entered into contracts with the wife while the decree was valid?
4.Under Section 60 of The Divorce Act, 1869, which two types of legal decisions are specifically mentioned as providing valid protection to persons dealing with the wife?