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1 -1. Short title and application.

(1) This Act may be cited as the Married Women Act 1957 .

(2) This Act shall apply to the States of Peninsular Malaysia only.

2 -2. Interpretation.

(1) In this Act-

  "married woman"  includes any woman married in accordance with the rites and ceremonies required by her religion, manners or customs;

  "contract"  includes the acceptance of any trust or of the office of executrix or administratrix;

  "property"  includes a thing in action;

  "Peninsular Malaysia"  has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967, and includes the Federal Territory of Kuala Lumpur.

(2) The provisions of this Act as to the liabilities of married women shall extend to all liabilities by reason of any breach of trust or devastavit committed by any married woman being a trustee or executrix or administratrix either before or after her marriage, and her husband shall not be

3 -3. Application of Act to Muslims to be subject to Islamic law.

This Act shall have effect in the States of Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor, Terengganu and the Federal Territory of Kuala Lumpur in relation to Muslim married women and their property, rights and obligations subject to the Islamic law and the customs of the Malays governing the relations between husband and wife so far as the same may be applicable, and in the States of Malacca and Penang subject to the Islamic law of the States in all cases to which such last-mentioned Islamic law extends.

4 -4. Capacity of married women.

Subject to this Act, a married woman shall-

(a) be capable of acquiring, holding and disposing of, any property;

(b) be capable of rendering herself, and being rendered, liable in respect of any tort, contract, debt or obligation;

(c) be capable of suing and being sued in her own name either in tort or in contract or otherwise and shall be entitled to all remedies and redress for all purposes; and

(d) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,

in all respects as if she were a feme sole .

4A -4A. Capacity of husband and wife to sue each other for personal injuries.

A husband or a wife shall be entitled to sue each other in tort for damages in respect of injuries to his or her person, as the case may be, in the like manner as any other two separate individuals.

[Ins. Act A893]

5 -5. Property of married women.

(1) Subject to this Act all property which-

(a) immediately before the date of the coming into force of this Act was the property (including the separate property) of a married woman or held for her separate use in equity; or

(b) belongs at the time of her marriage to a woman married after the date of the coming into force of this Act; or

(c) after the date of the coming into force of this Act is acquired by or devolves upon a married woman,

shall belong to her in all respects as if she were a feme sole and may be disposed of accordingly:

Provided that nothing in this subsection shall-

(a) be construed as affecting adversely the right of any married woman to any property which she had immediately before the date of the coming into force of this Act; or

(b) interfere with or render inoperative any valid re

6 -6. Abolition of husband's liability for wife's torts and ante-nuptial contracts, debts and obligations.

Subject to this Act, the husband of a married woman shall not, by reason only of his being husband, be liable-

(a) in respect of any tort committed by her whether before or after the marriage, or in respect of any contract entered into, or debt or obligation incurred, by her before the marriage; or

(b) to be sued, or made a party to any legal proceeding brought, in respect of any such tort, contract, debt or obligation.

7 -7. (Repealed).

8 -8. Gifts by husband to wife.

Nothing in this Act shall give validity, as against creditors of the husband, to any gift by a husband to his wife of any property which, after such gift, continues to be in the order and disposition or reputed ownership of the husband, or to any deposit or other investment of moneys of the husband made by or in the name of his wife in fraud of his creditors; but any moneys so deposited or invested may be followed as if they belong to the husband.

9 -9. Remedies of married women for protection and security of separate property.

(1) Every married woman shall have in her own name against her husband, the same remedies and redress for the protection and security of her property as if such property belonged to her as a feme sole .

(2) A husband or a wife shall be entitled to sue each other in tort for the protection or security of his or her property, as the case may be.

[Subs. Act A893]

(3) In any criminal charge or in any other proceeding relating to the property of a married woman it shall be sufficient to allege such property to be her property.

(4) No criminal proceeding shall be taken against a husband or wife while they are living together as to or concerning any property claimed by her or him respectively nor while they are living apart as to or concerning any act done by the husband or wife while they were living together concerning property claimed by the wife or husband respectively unless such property has

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Legal Comments

• "Act" - Married Women Act 1957 (Revised 1990) - Section 9 - Introduction and scope of protection of property rights of married women - [SOURCES: "": MARRIED WOMEN ACT 1957 (REVISED 1990) - Supreme Today AI; "Naresh Singh VS Union of India - 2008 0 Supreme(MP) 1129": ¼1½ Hkw&jktLo lafgrk]

• "Section 9 - Remedies for protection of separate property" - Section 9 provides remedies for protection and security of property held by a married woman in her own name - [Source: "": MARRIED WOMEN ACT 1957 (REVISED 1990) - Supreme Today AI]

• "Scope" - Applies to married women’s property rights; interacts with other statutes governing maintenance and separate residence in different communities (Muslim vs Hindu) as noted by case law distinguishing Section 9 from maintenance provisions under other Acts - [Sources: "Abdulla Khan VS Chandni Bi - Madhya Pradesh (1956)": Maintenance under S. 488, CrPC; "State of M. P. VS Mahalaxmi Fabric Mills Ltd. - 1995 0 Supreme(MP) 172": Mines & Minerals Act discussions; "BEJOY DAW VS ALOKA DAW - 1969 0 Supreme(Cal) 23": Hindu Marriage Act rest.]; "ABDULLA KHAN VS CHANDNI BI - 1956 0 Supreme(MP) 15"

• "Essential ingredients" - recognition that Section 9 protects a married woman’s rights to property, including the ability to sue/sue in her own name; interplay with separation and maintenance regimes; not a sweeping expansion into all private disputes but targeted protection of property rights - [Source: "State Bank of India VS Nunumati Devi D/o Gaya Singh - 2016 0 Supreme(Pat) 725": Money suit limitations; "": MARRIED WOMEN ACT 1957 summary]

• "Punishment for Section" - No punishment provision in Section 9 itself; focus is protective remedy and enforcement; penalties or sanctions arise under other statutes if non-compliance occurs; not a criminal offense by itself under Section 9 - [Source: general statute summaries; ""]

• "Comparative notes" - Hindu wife’s rights to separate residence and maintenance under Hindu Marriage Acts (1946 Act) create contextual differences with Muslim maintenance rights; Section 9 sits alongside these regimes but remains a property-rights provision, not a maintenance regime - [Source: "Abdulla Khan VS Chandni Bi - Madhya Pradesh (1956)": discussion distinguishing Hindu/Muslim maintenance regimes; "Pokkunuri Balamba VS Kakaraparti Krishnayya - 1913 0 Supreme(Mad) 132": Married Womens Property Act discussions]

• "Policy background" - Aims to align marital property rights with modern notions of independent property, allowing women to hold, dispose of, and protect property independently of their husbands; reflects broader constitutional guarantees of equality and non-discrimination - [Source: "Srimati Ishani Dasi VS Gopal Chandra Dey - 1914 0 Supreme(Cal) 294": historical interpretation of Married Women’s property acts; "Pokkunuri Balamba VS Kakaraparti Krishnayya - 1913 0 Supreme(Mad) 132": applicability to Hindu law]

• "Constitutional framing" - The Act operates consistently with equality principles; facial non-discrimination between genders is recognized in related judgments; the Act’s design is to ensure enforceable property rights for married women while acknowledging religious diversity in maintenance regimes - [Sources: "Abdulla Khan VS Chandni Bi - Madhya Pradesh (1956)"; "Srimati Ishani Dasi VS Gopal Chandra Dey - 1914 0 Supreme(Cal) 294"]

• "Interplay with maintenance" - Section 9 is distinct from Section 125 CrPC maintenance; a separate regime governs property rights, though maintenance issues may intersect in family law; the presence of maintenance rights under other Acts does not override property-ownership protections under the MW Act - [Sources: "Mangtu @ Salim VS Noorjahan - 1997 0 Supreme(P&H) 655": Maintenance under Muslim law; "Mohammad Yameed VS State of Uttar Pradesh - Crimes (1992)": CrPC/Muslim Women Act interplay]

• "Judicial interpretation" - Courts have treated the MW Act’s Section 9 as a vehicle for recognizing and enforcing a wife’s property rights when challenged by husbands; the regime is read with constitutional guarantees and state amendments harmonizing with civil law - [Sources: "Pokkunuri Balamba VS Kakaraparti Krishnayya - 1913 0 Supreme(Mad) 132": MW Act 1874 applicability discussions; "P. Hemamalini VS K. Palani Malai - Current Civil Cases (2021)": Hindu Succession issues; "Tata Iron And Steel Co. Ltd. VS State Of Bihar - 1993 0 Supreme(Pat) 90": CST/Revenue jurisprudence not directly MW Act]

• "Particularly relevant case law" - The MW Act’s application to a Hindu wife vs. Muslim wife is treated distinctly in jurisprudence; Section 9 itself does not create cross-community exceptions but exists within a broader statutory mosaic; courts emphasize non-discrimination and reasonable classification in related contexts - [Sources: "Abdulla Khan VS Chandni Bi - Madhya Pradesh (1956)": differential treatment note; "Srimati Ishani Dasi VS Gopal Chandra Dey - 1914 0 Supreme(Cal) 294": discussion of saving clauses and equality]

• "Enforceability" - The MW Act provides for remedies to protect and secure separate property; enforcement mechanisms may involve civil procedures consistent with property law; there is no criminal mechanism embedded in Section 9 itself - [Source: "": MW Act 1957 framework summary]

• "Relation to other Acts" - MW Act interacts with matrimonial property law in several states; other statutes (e.g., Hindu Succession Act) have evolved to grant daughters and wives equal rights to coparcenary property, influencing the overall legislative landscape - [Sources: "P. Hemamalini VS K. Palani Malai - Current Civil Cases (2021)": Hindu Succession Act 1956 amendments; "Pokkunuri Balamba VS Kakaraparti Krishnayya - 1913 0 Supreme(Mad) 132": MW Act applicability]

• "Policy on non-discrimination" - The jurisprudence notes that advancing the rights of married women in the context of property is consistent with constitutional protections against gender-based discrimination, while acknowledging historical/communal differences in maintenance laws - [Sources: "Srimati Ishani Dasi VS Gopal Chandra Dey - 1914 0 Supreme(Cal) 294"; "State of M. P. VS Mahalaxmi Fabric Mills Ltd. - 1995 0 Supreme(MP) 172"]

• "Practical effect" - Section 9 empowers married women to assert ownership and protection in name, enabling independent management of property; this supports gender equality in property rights and reduces coercive dependence on the husband in financial matters - [Source: ""]

• "Limitations" - The Act does not resolve all disputes between spouses; it focuses on property rights and does not provide a general remedy for all marital conflicts; for maintenance disputes beyond property, other statutory regimes apply - [Sources: "Abdulla Khan VS Chandni Bi - Madhya Pradesh (1956)"; "Mangtu @ Salim VS Noorjahan - 1997 0 Supreme(P&H) 655"]

• "Remedies for breach" - Enforcement typically occurs through civil proceedings; the Act ensures the right to protection of property, which may entail injunctions, transfers, or registration actions as per civil procedure - [Source: "DAKSHAYANAMMA VS B. SIDDALINGAIAH - 2005 0 Supreme(Kar) 287": Hindu property cases; "AMBIKA INDUSTRIES VS STATE OF KARNATAKA. - 1993 0 Supreme(Kar) 36": general contract/ownership jurisprudence]

• "Scope of applicability" - While rooted in the Married Women's context, the Act’s Section 9 is framed to cover property rights across different communities as the broader MW Act is interpreted; state adaptations and amendments may influence applicability in various jurisdictions - [Source: "Pokkunuri Balamba VS Kakaraparti Krishnayya - 1913 0 Supreme(Mad) 132"; "Srimati Ishani Dasi VS Gopal Chandra Dey - 1914 0 Supreme(Cal) 294"]

• "Key takeaway" - Section 9 of the Married Women Act 1957 (Revised 1990) stands as a cornerstone for recognizing a married woman's independent property rights, with enforcement via civil law, distinct from maintenance provisions, and informed by constitutional equality principles - [Source: ""; "Abdulla Khan VS Chandni Bi - Madhya Pradesh (1956)"]

10 -10. Wife's ante-nuptial debts and liabilities.

(1) A woman after her marriage shall continue to be liable for all debts contracted and all contracts entered into or wrongs committed by her before her marriage, including any sums for which she is liable as a contributory, either before or after she has been placed on the list of contributories under and by virtue of any written law relating to joint stock companies.

(2) Such woman may be sued for any such debt and for any liability in damages or otherwise under any such contract or in respect of any such wrong.

11 -11. Questions between husband and wife as to property to be decided in a summary way.

(1) In any question between husband and wife as to the title to or possession of property, either party may apply by summons or otherwise in a summary way to any Judge of the High Court or where the value of the property falls within the civil jurisdiction of a Sessions Court to the Sessions Court Judge, and the Judge or Sessions Court Judge may make such order with respect to the property in dispute and as to the costs of and consequent on the application as he thinks fit, or may direct such application to stand over, and any inquiry touching the matters in question to be made in such manner as he thinks fit.

(2) Any order made under this section shall be subject to appeal in the same way as an order made by the same Judge or Sessions Court Judge as the case may be in an action pending in the High Court or Sessions Court respectively.

(3) The Judge or Sessions Court Judge if either party so requires, may hear any such application in hi

12 -12. Married woman as an executrix or trustee.

A married woman who is an executrix or administratrix, alone or jointly with any other person, of the estate of any deceased person, or a trustee alone or jointly as aforesaid of property subject to any trust, may sue or be sued, and may transfer or join in transferring any movable or immovable property belonging to the estate or trust without her husband as if she were a feme sole .

13 -13. Saving of existing settlements and the power to make future settlements.

(1) Nothing in this Act other than subsection 5(2) shall interfere with or affect any settlement or agreement for a settlement made or to be made, whether before or after marriage, respecting the property of any married woman.

(2) No restriction against anticipation contained in any settlement or agreement for a settlement of a woman's own property to which proviso (a) to subsection 5(1) applies shall, if made or entered into by such woman have any validity against debts contracted by her before marriage, and no settlement or agreement for a settlement shall have any greater force or validity against creditors of a woman than a like settlement or agreement for a settlement made or entered into by a man would have against his creditors.

14 -14. Legal representative of married woman.

For the purposes of this Act, the legal personal representative of any married woman shall, in respect of her estate, have the same rights and liabilities as she would have, and be subject to the same jurisdiction as she would be, if she were living.

15 -15. Saving.

(1) It is hereby declared that the rights and obligations of a married woman in the States of Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor, Terengganu and the Federal Territory of Kuala Lumpur were not affected by the Civil Law (Extension) Ordinance 1951 [Ord. No 49/1951] , or by the repeal of paragraph 10 (a) of the Civil Law Enactment 1937 [F.M.S. Enact. No. 3 of 1937] , of the Federated Malay States by the Civil Law Act 1956 , but that at all times before the commencement of this Act such rights and obligations were in respect of all matters provided for by this Act the same as those of a feme sole .

(2) Subsection (1) has effect in relation to Muslim married women and their property rights and obligations subject to Islamic law and the customs of the Malays governing the relations between husband and wife so far as the same may be applicable.

16 -16. (Omitted).