Section 28 of the Divorce Act, 1869 - Court May Grant Protection Order

Section 28 forms part of Chapter VI of the Divorce Act, 1869, dealing with protection orders. It empowers the Court, after the conditions in the provision are satisfied, to protect a deserted wife's earnings and other property from her husband, his creditors and persons claiming under him.

Text of Section 28

28. Court may grant protection-order.

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.

Meaning and Scope of Section 28

Section 28 is read with Section 27, which provides for an application by a deserted wife for protection of property acquired or possessed after desertion. Section 28 states the circumstances in which the Court may grant that protection.

The provision is directed to property protection. It enables the Court to separate the wife's protected earnings and other property from claims made through the husband once the statutory requirements are established.

Conditions for Grant of a Protection Order

Desertion must be established: the Court must be satisfied that the husband deserted the wife.
The desertion must be without reasonable excuse: the absence or separation must satisfy this additional statutory requirement.
The wife must be maintaining herself: Section 28 expressly refers to maintenance by her own industry or property.
The Court may protect earnings and other property: the protection operates against the husband, his creditors and persons claiming under him.
The order must record when desertion commenced: that stated time is conclusive for persons dealing with the wife in reliance on the order.

Effect of the Protection Order

Once made, the order protects the wife's earnings and other property within the terms of Section 28. The statutory scheme continues in the following provisions: Section 29 permits discharge or variation of the order in appropriate circumstances, while Section 30 addresses liability where the husband or a person claiming under him seizes or continues to hold the wife's property after notice of the order.

Which Court Deals with the Application?

The application originates under Section 27, which refers to a petition to the District Court. Section 28 then empowers "the Court" to grant the protection order when its statutory conditions are satisfied. The Act's definitions and jurisdictional provisions should be read together when determining the competent court in a particular case.

Relationship with the Divorce Act, 1869

The Divorce Act, 1869 is a central enactment relating to divorce and matrimonial causes. Its general relief provisions apply within the statutory scope laid down by the Act, including its provisions concerning persons professing the Christian religion. Section 28 is a specific property-protection provision within that wider matrimonial framework.

Legal note: This page explains the statutory provision for general information. Questions about jurisdiction, proof of desertion, property ownership, creditors or the effect of a protection order depend on the facts and applicable law in the individual matter.

Law text and statutory status reviewed against current online sources on 24 September 2026.