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Report No. 66

9.3. Section 7, latter half.-

A difficult problem is presented by the latter half1 of section 7 which begins with the words "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". This part of the section raises a problem of construction. Does it limit the property liable? Or does it limit the suit, order or process to which the married woman is to be subject? Presumably, the first construction was intended, but the wording could, in that case, be made more clear by avoiding repetition of the word "such".

Such case law as is available under section 7 has been examined2-5, but it does not discuss this aspect at length, since the point was not material.

1. Chapter 9.1, supra.

2. Harris v. Harris, 1875 ILR 1 Cal 285.

3. Allatnuddl v. Brahan, 1877 ILR 4 Cal 140.

4. Mantel (in re:), 1895 ILR 18 Mad 15.

5. Goudoin v. Venkatesan, 1907 ILR 30 Mad 378.



Married Womens Property Act, 1874 Back




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