AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 66

8.5. Section 6-Origin.-

This is the most important section of the Act, and a policy of insurance by the husband for the benefit of the wife or children, carries certain important consequences. This provision was considered necessary because it was thought that in the absence of such a provision, the transaction would be considered a "voluntary settlement" on the lines of the position in English law as unmodified by statute1. According to the old doctrine of the English Courts, such a policy, by the husband for the wife's benefit, would only be in the nature of a voluntary settlement2 and hence would be liable to the dangers to which such settlements are exposed.

It is well-known that the legislature wanted to encourage those life insurance policies which made provisions for wife and children and not to subject such policies to the dangers to which they were subjected under the English decisions. Judges of the English Courts being bound down by technicalities and precedents. In introducing the Bill, Mr. Hobhouse said:3 "Some gentlemen connected with Insurance Offices in this country appealed to the Government a short time ago stating that those provisions," (i.e., the provisions of the English statute which over-ruled the English decisions), "were found exceedingly beneficial and they did not see why they should not be applied to India. We now propose, therefore, to introduce an Act which will embody for India the same provisions as those which had been thought fit for the people of England."

1. For statutory provision see para. 8.7, infra.

2. Para. 8.6, infra.

3. See extra supplement of 2nd August, 1873 of the Gazette of India.



Married Womens Property Act, 1874 Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys