17. Married women may take legal proceedings.—A married woman may maintain a suit in her
own name for the recovery of property of any description which, by force of the said Indian
Succession Act, 18652
(10 of 1865) or of this Act, is her separate property; and she shall have, in her
own name, the same remedies, both civil and criminal, against all persons, for the protection and
security of such property, as if she were unmarried, and she shall be liable to such suits, processes
and orders in respect of such property as she would be liable to if she were unmarried.
8. Wife’s liability for postnuptial debts.—If a married woman (whether married before or after
the first day of January, 1866) possesses separate property, and if any person enters into a contract
with her with reference to such property, or on the faith that her obligation arising out of such contract
will be satisfied out of her separate property, such person shall be entitled to sue her, and, to the extent
of her separate property, to recover against her whatever he might have recovered in such suit had she
been unmarried at the date of the contract and continued unmarried at the execution of the decree:
3
[Provided that nothing herein contained shall—
(a) entitle such person to recover anything by attachment and sale or otherwise out of any
property which has been transferred to a woman or for her benefit on condition that she shall have
no power during her marriage to transfer or charge the same or her beneficial interest therein, or
(b) affect the liability of a husband for debts contracted by his wife’s agency expressed or
implied.]