Supreme Court DecisionsAnalysis of Married woman’s Property Act, 1874

November 28, 20150

An analysis  of Married Woman’s Property Act,1874

 In India, the Married Women’s Property Act was one of the fundamental reforms in the 19th century in respect of married women’s right to property and was the first endeavour of its kind recognising the concept of wife’s “separate property”.

The MWP Act was enacted in light of the old common law notion that wife’s person was, for all legal purposes, merged in that of her husband and that, while the marriage lasted, her real estate and (with certain exceptions) her personal property became her husband’s property.

The MWP Act also sought to recognise that the separate liability of a wife should no longer be proprietary only, but should be a personal liability, quite independent of her husband. [The Married Women’s Property Act, 1874:  (Source : By Jasleen K. Oberoi and Ayush Sharma, (2015) 9 SCC (J-24)])

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