Section 44. Fraudulent settlements

44. Fraudulent settlements.-- In either of the following cases, that is to say :— (1) in the case of a settlement made before and in consideration of marriage where the settlor is not at the time of making the settlement able to pay all his debts without the aid of the property comprised in the settlement; or (2) in the case of any covenant or contract made in consideration of marriage for the future settlement on or for the settlor's wife or children of any money or property wherein he had not at the date of his marriage any estate or interest (not being money or property of or in right of his wife); if the settlor is adjudged insolvent or compounds or arranges with his creditors, and it appears to the Court that the settlement, covenant or contract was made in order to defeat or delay creditors, or was unjustifiable having regard to the state of the settlor's affairs at the time when it was made, the Court may refuse or suspend an order of discharge or grant an order subject to conditions or refuse to approve a composition or arrangement. 45. Effect of order of discharge.-- (1) An order of discharge shall not release the insolvent from— (a) any debt due to the Government; (b) any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he was a party; or (c) any debt or liability in respect of which he has obtained forbearance by any fraud to which he was a party; or (d) any liability under an order for maintenance made under section 488 of the Code of Criminal Procedure, 1898(5 of 1908). (2) Save as otherwise provided by sub-section (1), an order of discharge shall release the insolvent from all debts provable in insolvency. (3) An order of discharge shall be conclusive evidence of the insolvency, and of the validity of the proceedings therein. (4) An order of discharge shall not release any person who at the date of the presentation of the petition was a partner or co-trustee with the insolvent or was jointly bound or had made any joint contract with him, or any person who was surety or in the nature of a surety for him.