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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WOMEN'S PROPERTY ACT, 1874 Chapter I Section1 - Short title Section2 - Extent and application Section3 - Commencement [Repealed] Chapter II Section4 - Married women's earnings to be their separate property Chapter III Section5 - Married women may effect policy of insurance Section6 -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.

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.

MARRIED WOMEN'S PROPERTY ACT, 1874 Chapter I

Title: PRELIMINARY

State: Central

Year: 1874

This Act may be called the Married Women's Property Act, 1874. Section 2 - Extent and application 1 [It extends to the whole of India except the State of Jammu and Kashmir.] But nothing herein contained applies to any married woman who at the time of her marriage professed the Hindu, Muhammedan, Buddhist, Sikh or Jain religion, or whose husband, at the time of such marriage, professed any of those religions. And the 2[State Government] may from time to time, by order, either retrospectively from the passing of this Act or prospectively, exempt from the operation of all or any of the provisions of this Act the members of any race, sect or tribe or part of a race, sect or tribe, to whom it may consider it impossible or inexpedient to apply such provisions. The 2[State Government] may also revoke any such order, but not so that the revocation shall have any retrospective effect. All orders and revocations under this section shall be published in the Official Gazette. 3[* * * *] _______________________ 1. Substituted by the Married Women's Property (Extension) Act, 1959 (61 of 1959), Sec. 2 (w.e.f. 1st March, 1960). 2. The original words "G.G. in C" have.....