Husband of married executrix not to join
Full Text
Unless the Court directs otherwise, the husband of a married trustee, administratrix or executrix shall not as such be a party to a suit by or against her.
Plain English Summary
Affirms the independent legal and fiduciary status of female fiduciaries, establishing that the husband of a married female trustee, executrix, or administratrix shall not be joined as a party simply by virtue of marriage.
Key Legal Elements
- Independent Fiduciary Status: Female trustee/executrix sues and is sued in her own right.
- Exclusion of Husband: Eliminates archaic common law doctrines of marital coverture.
- Judicial Exception: Husband may only be joined if the court expressly directs otherwise for special reasons (e.g. personal intermeddling in trust assets).
Practical Note
Striking Out Husband's Name from Cause Title: If an adversary unnecessarily impleads the husband of a female executrix or trustee as a co-defendant, move under Order I Rule 10(2) read with Order XXXI Rule 3 to strike out the husband's name as an improper and unnecessary party with costs.
हिंदी पाठ
जब तक कि न्यायालय अन्यथा निदेश न दे, विवाहित न्यासी, प्रशासिका या निष्पादिका का पति उस रूप में उसके द्वारा या उसके विरुद्ध किसी वाद में पक्षकार नहीं होगा।