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Report No. 66

II. Section 5

8.2. Section 5.- Section 5 reads-

"5. Any married woman may effect a policy of insurance on her own behalf and independently of her husband; and the same and all benefit thereof, if expressed on the face of it to be so effected, shall ensure as her separate property, and the contract evidenced by such policy shall be as valid as if made with an unmarried woman."

8.3. We have already explained the significance of the section1 and how it modifies the rules previously prevalent. We are of the view that in this section, the word "separate" is unnecessary.2

We are also of the view3 that the requirement that the policy should be "expressed on the face of it to be so effected", should be deleted as unnecessary; if the section is retained in its present form. We recommend that the section should be so revised.

1. Para. 4.2, supra.

2. See also Chapter 14, infra.

3. See also Chapter 14, infra.

Married Womens Property Act, 1874 Back

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