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Report No. 66

5.3. Limited application of section 20.-

The section does not apply to marriages contracted before 1st January, 1866. Nor does it apply to any marriage one or both of the parties to which profess, at the time of the marriage, the Hindu, Mohammaden, Buddhist, Sikh or Jain religion. The reason is that the Legislature did not consider it appropriate to deal with the effect of marriage on property in the case of those communities as they were not governed by the English common law in matters concerning matrimonial status.

The principal effect of this section is to get rid -of the principle, so far as property is concerned, that the husband and wife are one person in law. An important effect of the section is that not only does a person not acquire any interest in the property of the spouse by reason of marriage, but also marriage does not bring in any incapacity for doing any act in respect of his or her property, which he or she could have done if unmarried. The field of property and proprietary capacity is, therefore, almost totally covered by this section.

Married Womens Property Act, 1874 Back

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