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MARRIED WOMEN'S PROPERTY ACT, 1874 Complete Act

Title: MARRIED WOMEN'S PROPERTY ACT, 1874

State: Central

Year: 1874

Preamble1 - MARRIED WOMEN'S PROPERTY ACT, 1874 Chapter I Section1 - Short title Section2 - Extent and application Section3 - Commencement [Repealed] Chapter II Section4 - Married women's earnings to be their separate property Chapter III Section5 - Married women may effect policy of insurance Section6 - Insurance by husband for benefit of wife Chapter IV Section7 - Married women may take legal proceedings Section8 - Wife's liability for post-nuptial debts Chapter V Section9 - Husband not liable for wife's ante-nuptial debts ChapterVI - HUSBAND'S LIABILITY FOR BREACH OF TRUST OF DEVASTATION Section10 - Extent of husband's liability for wife's breach of trust or devastation

MARRIED WOMEN'S PROPERTY ACT, 1874 Chapter V

Title: HUSBAND'S LIABILITY FOR WIFE'S DEBTS

State: Central

Year: 1874

A husband married after the thirty-first day of December, 1865 sh all not by reason only of such marriage be liable to the debts of hi s wife contracted before marriage, but the wife sh all be liable to be sued for, and sh all, to the extent of her separate property, be liable to satisfy such debts as if he had continued unmarried: Provided that nothing contained in this section sh all1[* * *] invalidate any contract into which a husband may, before the passing of this Act, have entered in consideration of hi s wife's ante-nuptial debts. _______________________ 1. The words "affect any suit instituted before the passing of this Act, not" rep . b y Act 12 of 1891 , Sec. 2 and Sch. I.

MARRIED WOMEN'S PROPERTY ACT, 1874 Section 9

Title: Husband not liable for wife's ante-nuptial debts

State: Central

Year: 1874

A husband married after the thirty-first day of December, 1865 sh all not by reason only of such marriage be liable to the debts of hi s wife contracted before marriage, but the wife sh all be liable to be sued for, and sh all, to the extent of her separate property, be liable to satisfy such debts as if he had continued unmarried: Provided that nothing contained in this section sh all1[* * *] invalidate any contract into which a husband may, before the passing of this Act, have entered in consideration of hi s wife's ante-nuptial debts. _______________________ 1. The words "affect any suit instituted before the passing of this Act, not" rep . b y Act 12 of 1891 , Sec. 2 and Sch. I.

MARRIED WOMEN'S PROPERTY ACT, 1874 Preamble 1

Title: MARRIED WOMEN'S PROPERTY ACT, 1874

State: Central

Year: 1874

.....as hereinafter appears for the enjoyment of wages and earnings by women married before the first day of January, 1866 , and for insurances on lives by persons married before or after that day: And whereas by the Indian Succession Act, 1865 ( 10 of 1865 )1, Sec. 4 , it is enacted that no person sh all by marriages acquire any interest in the property of the person whom he or sh e marries, nor become incapable of doing any act in respect of hi s or her own property, which he or sh e could have done, if unmarried: And whereas by force of the said Act all women to whose marriages it applies are absolute owners of all property vested in, or acquired by them, and their husbands do not by their marriage, acquire any interest in such property, but the said Act does not protect such husbands from liabilities on account of the debts of their wives contracted before marriage, and does not expressly provide, for the enforcement of claims by or against such wives; It is hereby enacted as follows:-- ________________________ 1. The relevant provision of the Indian Succession Act, 1925 ( 39 of 1925 ).

MARRIED WOMEN'S PROPERTY ACT, 1874 Chapter VI

Title: HUSBAND'S LIABILITY FOR BREACH OF TRUST OF DEVASTATION

State: Central

Year: 1874

1 [CHAPTERVI Husband's liabilityfor Wife's Breach of Trust or Devastation _______________________ 1.Inserted by Act 18of 1927 Sec. 3.

MARRIED WOMEN'S PROPERTY ACT, 1874 Section 8

Title: Wife's liability for post-nuptial debts

State: Central

Year: 1874

If a married woman (whether married before or after the first day of January, 1866) possesses separate property, and if any person enters into a contract with her with reference to such property, or on the faith that her obligation arising out of such contract will be satisfied out of her separate property, such person shall be entitled to sue her, and to the extent of her separate property, to recover against her whatever he might have recovered in such suit had she been unmarried at the date of the contract and continued unmarried at the execution of the decree : 1 [Provided that nothing herein contained shall-- (a) entitle such person to recover anything by attachment and sale or otherwise out of any property which has been transferred to a woman or for her benefit on condition that she shall have no power during her marriage to transfer or charge the same or her beneficial interest therein, or (b) affect the liability of a husband for debts contracted by his wife's agency expressed or implied.] _______________________ 1. Substituted by Act 21 of 1929, Sec. 2, for the original proviso.

Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 45

Title: Collector when to Refuse Service of Representative Watandar or of Deputy Nominated by Him

State: Maharashtra

Year: 1874

.....of the Collector incompatible with the due discharge of the duties of the office; 9[(h) has been removed from office or declared to be ineligible for re-employment under section 58 unless his re-employment is expressly sanctioned by the 7[Commissioner]. __________________ 1 Section 45 was substituted by section 9 of the Bombay Hereditary Offices (Amendment) Act, 1886 (Bom. 5 of 1886). 2 As to local repeal of section 45, see Bom. 6 of 1887. 3 The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council. 4 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 5. Infra. 6. Clause (ee) was inserted by section 2 of the Bombay Hereditary Offices Act, 1910 (Bom. 3 of 1910). 7. This word was substituted for the words " State Government" by Bom. 8 of 1958 section 3, Sch. 8. This word was substituted for the word " it", ibid. 9. Clause (h) was inserted by section 2 of the Bombay Hereditary Offices Act, 1910 (Bom. 3 of 1910).

MARRIED WOMEN'S PROPERTY ACT, 1874 Complete Act

State: Central

Year: 1874

.....married before 1st January 1866; secondly to declare that a married woman may sue in her own name for any property which by force of the Succession Act, or the proposed Act, is her separate property; thirdly, to relieve the husband of a wife married after the 31st December 1865, from her ante-nuptial debts; and, lastly, to declare that any person entering into a contract with a wife (otherwise than as her husband's agent), shall be entitled to sue her, and, to the extent of her separate property, to recover against her whatever he might have recovered had she been unmarried. Clause 4 (as to a wife's wages and earnings) is equivalent to the Married Women's Property Act (33 and 34 Vic., Chap. 93) section one. Clause 6 is copied from the first paragraph of section ten of that Act. It declares that any married woman may effect a policy of insurance on her own life or on her husband's life, on her own behalf, and that the amount assured shall be her separate property. As the law stands, if a wife effects such a policy (otherwise than out of her separate estate), and dies in her husband's lifetime, the husband, in the capacity of her administrator, becomes the absolute owner of the.....

MARRIED WOMEN'S PROPERTY ACT, 1874 Chapter III

Title: INSURANCES BY WIVES AND HUSBANDS

State: Central

Year: 1874

.....Regulation, 1963, in any case to which sub-clause (iv) of Cl. (a) or Cl. (c) applies.6 Tamil Nadu In its application to the State of Tamil Nadu in sub-section (2) for "Madras" the words "Tamil Nadu" shall be substituted.7 (b) affect the liability of a husband for debts contracted by his wife's agency expressed or implied.] ________________________ 1. Re-numbered as "sub-section (1) of that section by Act 13 of 1923, Sec. 2. 2. The word "Presidency" has been sucessively amended by the A.O., 1937, the A.O. 1950 and the Adaptation of Laws (No. 2) Order, 1956. 3. See relevant provisions of the Official Trustees Act, 1913 (2 of 1913). 4. Substituted by the Married Women's Property (Extension) Act, 1959 (61 of 1959), Sec. 3 (w.e.f. 1st March, 1960). 5. Vide Andhra Pradesh A.L.O., 1954 and Andhra Pradesh A.L.O., 1957. 6. Vide Regulation VI of 1963, Sec. 2 and Sch. I. 7. Vide Tamil Nadu, A.L.0. 1970.

MARRIED WOMEN'S PROPERTY ACT, 1874 Section 6

Title: Insurance by husband for benefit of wife

State: Central

Year: 1874

.....Regulation, 1963, in any case to which sub-clause (iv) of Cl. (a) or Cl. (c) applies.6 Tamil Nadu In its application to the State of Tamil Nadu in sub-section (2) for "Madras" the words "Tamil Nadu" shall be substituted.7 (b) affect the liability of a husband for debts contracted by his wife's agency expressed or implied.] ________________________ 1. Re-numbered as "sub-section (1) of that section by Act 13 of 1923, Sec. 2. 2. The word "Presidency" has been sucessively amended by the A.O., 1937, the A.O. 1950 and the Adaptation of Laws (No. 2) Order, 1956. 3. See relevant provisions of the Official Trustees Act, 1913 (2 of 1913). 4. Substituted by the Married Women's Property (Extension) Act, 1959 (61 of 1959), Sec. 3 (w.e.f. 1st March, 1960). 5. Vide Andhra Pradesh A.L.O., 1954 and Andhra Pradesh A.L.O., 1957. 6. Vide Regulation VI of 1963, Sec. 2 and Sch. I. 7. Vide Tamil Nadu, A.L.0. 1970.