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Report No. 66

6. Application of sections 2 to 5.-

(1) Sections 2 to 5 shall not apply to any married woman who at the time, of her marriage professed the Hindu, Muhammadan, Buddhist, Sikh or Jaina religion or whose husband at the time of such marriage professed any of those religions.

(2) For the avoidance by declared that a married woman who at the time of her marriage professed the Hindu, Mohammadan, Buddhist, Sikh or Jaina religion or whose husband at the time marriage professed any of those religions-

(a) shall be, and shall be deemed always to have been, capable of suing and being sued, either in tort or in contract or otherwise; and

(b) shall be, and shall be deemed always to have been, subject to the law relating to insolvency and to the insolvency and to the enforcement of judgments and orders, as if she were unmarried.

(3) For the avoidance of doubts, it is hereby also declared that the husband of any such married woman shall not, by reason only of his being her husband, be liable, or deemed ever to have been liable-

(a) in respect of any tort committed by her whether before or after the marriage; or

(b) in respect of any contract entered into, or debt or obligation incurred, by her before the marriage; or

(c) to be sued, or made a party to any legal proceeding brought, in respect of any such tort, contract, debt or obligation.



Married Womens Property Act, 1874 Back




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