In force · As amended up to 2026-08
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.]
V.—HUSBAND'S LIABILITY FOR WIFE'S DEBTS
4 9. Husband not liable for wife's antenuptial debts. —A husband married after the thirty-first day of December, 1865 shall not by reason only of such marriage be liable to the debts of his wife contracted before marriage, but the wife shall be liable to be sued for, and shall, to the extent of her separate property, be liable to satisfy such debts as if he had continued unmarried:
Proviso .—Provided that nothing contained in this section shall[5] * invalidate any contract into which a husband may, before the passing of this Act, have entered in consideration of his wife's ante-nuptial debts.
which a husband may, before the passing of this Act, have entered in consideration of his wife's
6 [ VI.—HUSBAND'S LIABILITY FOR WIFE'S BREACH OF TRUST OR DEVASTATION
Source: India Code