| Contents |
| Chapter I |
Introductory |
| 1.1 |
Scope of the Report |
| 2. |
Reason for revision |
| 3. |
Application of the Act of 1874 |
| 4. |
Need for amendment of section 6 |
| 5. |
Economic aspects of family law |
| 6. |
Inferiority of women |
| 7. |
Need for widening section 7 |
| 8. |
Section 4, Indian Succession Act, 1865 |
| 9. |
Object |
| 10. |
Equitable intervention with rules of common law and subsequent developments in England |
| 11. |
Present position in England |
| 12. |
Position in India |
| Chapter 2 |
History of English Law on The Subject |
| 2.1 |
Introductory |
| 2. |
Property |
| 3. |
Property of married woman-English statutes |
| 4. |
Acts of 1892 and 1935-provisions as to property |
| 5. |
Act of 1935-Provisions as to property |
| 6. |
Restraint on anticipation |
| 7. |
Contracts |
| 8. |
Statutory provision as to contracts |
| 9. |
Act of 1935-provision as to contracts |
| 10. |
Position at common law |
| Chapter 3 |
Women's Position in India-Brief Historical Review |
| 3.1 |
Introductory |
| 2. |
Ideals of society |
| 3. |
Two general observations |
| 4. |
Heritable property |
| 5. |
Position in Rome-Marriage with manus |
| 6. |
Historical survey |
| 7,8. |
First period (4000 B.C. to 1500 B.C.) |
| 9,10. |
Second period (1500 B.C. to 500 B.C.) |
| 11 to 13. |
Social status |
| 14. |
Third period (500 B.C. to 500 A.D.) |
| 15. |
Subordination of women not approved in some sayings |
| 16. |
Position to Rome and other countries |
| 17. |
Gupta age |
| 18. |
Improvement in proprietary rights |
| 19. |
Fourth period |
| 20. |
Proprietary rights |
| 23. |
Social position in general during fourth period |
| 24. |
Hindu women in administration |
| 25. |
Right of disposal |
| 26. |
Scope of Stridhana |
| 27. |
Fifth period (1801 to 1955 A.D.) |
| 28. |
Property inherited by women |
| 29. |
Limitations on woman's power of disposition |
| 30. |
Concept in Mitakshara |
| 31. |
Sixth period |
| 32. |
Sir H. Maine's remarks on 'stridhana' |
| 33,34. |
Examples of Greece |
| 35 to 37. |
Muslim women |
| 38. |
Legal position as to Muslim wome |
| 39. |
Articles 15-16 of the Constitution |
| 40. |
Case law |
| 41,42. |
Gandhiji's views |
| 43. |
Position of woman a reflection of the general social condition |
| 44. |
Verse in the Rig Veda |
| 45. |
Views as to dependence |
| Chapter 4 |
Scheme of the Act |
| 4.1 |
Scheme of the 1874 Act |
| 2. |
Sections 5 to 8 |
| 3. |
Sections 9-10 |
| Chapter 5 |
Cognate Provisions in Other Acts |
| 5.1 |
Introductory |
| 2. |
Section 20, Indian Succession Act, 1925 |
| 3. |
Limited application of section 20 |
| 4. |
Section 21, Indian Succession Act, 1925 |
| 5. |
Sections 38-39, Insurance Act, 1938 |
| 6. |
Object of section 39(7) |
| 7. |
Section 10, Transfer of Property Act-Restraint on anticipation |
| 8. |
Position in equity |
| 9. |
Concept of restraint complementary |
| 10. |
Position regarding unmarried woman |
| 11. |
Relax ation of the restraint-Act of 1881 |
| 12. |
Abolition of the restraint-Acts of 1935 and 1949 |
| 13. |
Provisions in the Trusts Act |
| Chapter 6 |
Extent and Application of Act of 1874 |
| 6.1 |
Sections 1 and 2-Extent and application |
| 2. |
Recommendations to amend section 2 - Second paragraph |
| 3. |
Case of inter-marriage where one party is governed by the Act |
| 4. |
Section 2, third paragraph |
| Chapter 7 |
Married Women's Wages and Earnings |
| 7.1 |
Section 4 |
| 2. |
Separate property-History of |
| 3. |
Act of 1935 |
| 4. |
Recommendation to amend section 4 by removing the word "separate" |
| Chapter 8 |
Insurance by Wives and Husbands |
| 8.1 |
Introductory |
| 2,3. |
Section 5 |
| 4. |
Section 6 |
| 5. |
Section 6-Origin |
| 6. |
Voluntary settlements |
| 7. |
Section 11, Married Women's Property Act |
| 8. |
Section 5, Married women's Property Act, 1847 and section 11, Married Women's Property Act, 1882 |
| 9. |
Section' 6 and actionable claims |
| 10. |
Modes of assignment |
| 11. |
Transfer of actionable claims |
| 12. |
Assignment of policy essentially assignment of an actionable claim being of contract |
| 13. |
Section 130-Transfer of property Act |
| 14. |
Effect of section 38, Insurance Act, 1938 |
| 15. |
Question of trust considered |
| 16. |
Difficulty in determining existence of trust |
| 17. |
Significance of section 6-Statutory trust |
| 18. |
Section 6 to be regarded as providing simpler mode of assignment |
| 19. |
Effect of term in policy without statutory provision |
| 20. |
Points of detail |
| 21. |
Point (a)-endowment policies |
| 22. |
Recommendation as to endowment policies |
| 23. |
Point (b)-Meaning of the words "on the face of it" |
| 24. |
Intention should be expressed in the policy |
| 25. |
Madras cases |
| 26,27. |
Other cases |
| 28. |
Whether amendment feasible |
| 29. |
Point-(c)(i)-Question as to formula to be used |
| 30. |
Whether amendment feasible in regard to the formula to be used |
| 31. |
Point (c)(ii)-Policy for benefit of children |
| 32. |
Section 11 of the English Ad of 1882 |
| 33. |
Recommendation to amend section 6 in relation to children |
| 34. |
Point (d)-Nomination made under section 39, Insurance Act, 1938 |
| 35. |
Illustrative cases from Andhra |
| 36. |
Calcutta case |
| 37. |
Effect of nomination |
| 38. |
Madras case |
| 39. |
Another Calcutta case |
| 40. |
Assignment stating on different footing |
| 41. |
Meaning of "object" of trust |
| 42. |
Recommendation to amend the insurance Act |
| 43. |
Point (e)-Revocation of nomination and surrender of policy |
| 44,45. |
Point (f)-Whether contingent provision permissible |
| 46. |
Recommendation |
| 47. |
Point (g)-Cancellation of statutory trust |
| 48. |
Recommendation-No change |
| 49. |
Point (h)-Person who can sue |
| 50. |
Recommendation to make the policy-holder a trustee |
| 51. |
Point (i)-suit by widow without re-course to the official trustee |
| 52. |
Recommendation as to official trustee |
| 53. |
Point (j)-Section 39(7), Insurance Act |
| 54. |
Recommendation to add another proviso to section 39(7), Insurance Act |
| 55. |
Recommendation to amend section 6 to authorise creation of trust subsequently |
| 56. |
Point (1)-Section 6-Creation of trust-Recommendation for verbal change in place of deeming provision |
| 57. |
Point (m)-Right of creditors-Amendment recommended |
| 58. |
Point (n)-Section 6(1)-Words referring to "object"-Amendments recommended |
| 59. |
Section 6(2)-Various periods |
| 60. |
Summary of recommendations in this chapter.-We may summarise the recommendations made in this Chapter as follows |
| 61. |
Re-drafted of section 6(1) |
| Chapter 9 |
Legal Proceedings |
| 9.1 |
Section 7 |
| 2. |
Verbal changes recommended |
| 3. |
Section 7, latter half |
| 4. |
Recommendation to make section 7 comprehensive as to liability |
| 5. |
Recommendation to extend section 7 to Hindu and Muslim women |
| Chapter 10 |
Wife's Liability for Post-Nuptial Debts |
| 10.1 |
Section 8 |
| 2. |
Recommendation |
| 3. |
Section 8, proviso-Case law |
| 4. |
Amendment of 1929 |
| Chapter 11 |
Ante-Nuptial Debts |
| 11.1 |
Section 9 |
| Chapter 12 |
Husband's Liability for wife's Breach of trust or Devastation |
| 12.1 |
Section 10 |
| 2. |
Recommendation |
| Chapter 13 |
Other Matters |
| 13.1. |
Suits between spouses liability of wife to third parties and liability of husband for his wife's torts |
| Chapter 14 |
Recommended Amendments in The Act of 1874 by way of Simplification in a few Sections |
| 14.1 |
Recommendations as to sections 4, and 7 to 10 |
|
Capacity of married women (Cf. section 1, English Act of 1935) |
| Chapter 15 |
Amendments in other Acts |
| 15.1 |
Introductory |
| 2. |
Section 10, Transfer of Property Act, 1882 |
| 3. |
Recommendation to amend section 10, Transfer of Property Act |
| 4. |
Provisions in the Trust Act-Recommendation to amend |
| 5. |
Section 39(7), Insurance Act, 1938 |
| 6. |
Nomination and trust |
| 7. |
Section 39A, Insurance Act, 1938 |
| 8. |
Succession Act |
| Appendix 1 |
The Married Women (Property and Miscellaneous Provisions) Bill, 1976 |
| 1. |
Short title and extent |
| 2. |
Capacity of married women |
| 3. |
Property of married women |
| 4. |
Abolition of husband's liability for wife's torts and ante-nuptial contracts, debts and obligations |
| 5. |
Savings |
| 6. |
Application of sections 2 to 5 |
| 7. |
Policies of insurance |
| 8. |
Power to exempt |
| Appendix 2 |
Existing Sections 20 to 22, Indian Succession Act, 1925 |
|
Interests and powers not acquired not lost by marriage |
|
Effect of marriage between person domiciled and one not domiciled in India |
|
Settlement of minors' property in contemplation of marriage |
| Appendix 3 |
Section 11, Married Women's Property Act, 1882 (English) |
|
Section 11, Married Women's Property Act, 1882 (English) |
| Appendix 4 |
Law Reform (Married Women and Tort-Feasors)act, 1935 (English) |
|
Capacity of Married Women |
|
Property of married women |
|
Savings |
| Appendix 5 |
Married Women (Restraint upon Anticipation Act, 1949 (English) |
|
Married Women (Restraint upon Anticipation Act, 1949 (English) |
| Schedules |
|
| 1 and 2 Schedules |
Consequential Amendments |
| Appendix 6 |
Law Reform (Husband and Wife) Act, 1962 (English) |
|
Actions in tort between husband and wife |
|
Proceedings between husband and wife in respect of delict |
|
Short title, repeal, interpretation, saving and extent |
