Print View

1The Married Women's Property Act, 1874

( ACT NO. III OF 1874 )

Chapter IV

LEGAL PROCEEDINGS BY AND AGAINST MARRIED WOMEN

Married woman may take legal proceedings
7. A married woman may maintain a suit in her own name for the recovery of property of any description which by force of the said 2[Succession Act, 1925], or of this Act, is her separate property; and she shall have, in her own name, the same remedies, both civil and criminal, against all persons, for the protection and security of such property, as if she were unmarried, and she shall be liable to such suits, processes and orders in respect of such property as she would be liable to if she were unmarried.
Wife's liability for postnuptial debts
8. 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:
 
 
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.
 
 
 
 

Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs