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The Married Womens Property Act, 1874

Year of Passage: 1874 | Type: Bare Act

Section 1 Short title.

This Act may be called the Married Womens Property Act, 1874.

Section 2 Extent an application.

1[It extends to the whole of India except the State of Jammu andKashmir*.] But nothing herein contained applies to any married woman who at the time of her marriageprofessed the Hindu, Muhammadan, Buddhist, Sikh or Jain a religion, or whose husband, at the timeof such marriage, professed any of those religions. And the 2[State Government] may from time to time, by order, either retrospectively from thepassing of this Act or prospectively, exempt from the operation of all or any of the provisions of thisAct the members of any race, sect or tribe or part of a race, sect or tribe, to whom it may consider itimpossible or inexpedient to apply such provisions. The 2[State Government] may also revoke any such order, but not so that the revocation shall haveany retrospective effect. All orders and revocations under this section shall be published in the Official Gazette. 3*****

Section 3 Repealed..

[Commencement.] Rep. by the Repealing Act, 1876 (12 of 1876), s. 1 and Schedule.

Section 4 Married women’s earnings to be their separate property.

14. Married womens earnings to be their separate property.The wages and earnings of anymarried woman acquired or gained by her after the passing of this Act, in any employment,occupation or trade carried on by her and not by her husband, and also any money or other property so acquired by her through the exercise of any literary,artistic or scientific skill, and all savings from and investments of such wages, earnings and property, shall be deemed to be her separate property, and her receipts alone shall be good discharges forsuch wages, earnings and property.

Section 5 Married woman may effect policy of insurance.

1Any married woman may effect a policyof 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 enure as her separate property, and thecontract evidenced by such policy shall be as valid as if made with an unmarried woman.
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