17. Married woman to be examined apart
Feedback & supportIn cases where a married woman applies to the court or a judge, or consents to an application to the court or a judge, under this Act, she shall first be examined apart from her husband by such officer or person as the court or judge appoints, either generally or for the special occasion, touching her knowledge of the nature and effect of the application, and it shall be ascertained that she freely desires to make or consent to the application.
court
“court” means the General Division of the High Court or a Judge sitting in open court in the General Division of the High Court;
Such examination shall be made whether the property is her separate property under any special Act or not, or whether it is settled in trust for her separate use, independently of her husband, or not.
No clause or provision in any settlement restraining anticipation shall prevent the court or judge from exercising, if it or he thinks fit, any of the powers given as to leases and sales of settled estates.
settlement
“settlement” means any statute, deed, agreement, will or other instrument, or any number of such instruments, under or by virtue of which any immovable property, or any estates or interests therein, stand limited to, or in trust for, any person or persons, by way of succession, including any such instruments affecting the estates of any one or more of such persons exclusively.
No exercise of such powers shall occasion any forfeiture, anything in the settlement contained to the contrary notwithstanding.