NG YING YING

LIA190102

EFFECTS OF MARRIAGE
THE MARRIED WOMEN’S ACT, 1957

4. Sally and Robert have been married for two years and have frequent quarrels.
During one of these quarrels, Robert told Sally that all the jewellery and share
certificates that she has are his although the jewellery is in her keeping and the
share certificates are issued in her name. Sally retorted that they are hers and will
remain hers.

Finally, one day, Robert stormed out of the house bringing with him all the
jewellery and share certificates he could find in the drawers in their bedroom.
Sally is upset and wishes to take legal action against Robert for recovery of the
jewellery and share certificates and to punish him.

She seeks your advice. How would you advise her? Would it make any difference
to your answer if all parties were Muslims?

Answer:
The issue here is whether Sally can sue Robert for the recovery of her jewellery and
share certificates.

Issue 1 has right over her jeweleyy?

Section 3 – covered Malaysia

According to section 4(a) of the Married Women’s Act 1957, a married woman can hold
any property in her name as if she were a feme sole.

In section 5 of the act, it is stated that property of married woman still belongs to her
after marriage as if she were a unmarried woman.

Can sally take action against

Section 9(1) of the act provides right for a married woman for the protection of her
property. Section 9(2) allows a married woman to sue her husband for the protection of
her property.

Therefore according to the above provisions, Sally can sue her husband Robert to
recover her jewellery and share certificates because her properties will remain hers even
after marriage as if she was unmarried.

However, if Sally and Robert were Muslims, the Married Women’s Act is applicable only
if it conforms with Islamic law as stated in Section 3. Married therefore apply .. for all the
setion must apply
. remedies and redress
Issue 3: if muslim?

Re ketuna bibi, section 3

Issue1 : don’t start with section

MARRIAGE

1. Mei Lee became Datuk Ong’s third wife after a tea-serving ceremony at her
parents home in September 1981. There was no registration of the marriage but Datuk
Ong’s first two wives included Mei Lee in all the family gatherings. Mei Lee wishes to
know:

(i) What is the present status of her marriage;

Section 4(1) of the Law Reform Act 1976 provided that the act does not affect the validity of
marriages solemnized under any law, religion, custom or usage prior to the date of enforcement
of the act.

Section 4(2) stated that such marriage is valid under the law, religion, custom or usage under
which it is solemnized, it is deemed registered under this act.

Section 4(3) mentioned that such marriage under the law will continue to be valid unless it is
dissolved by the death of either party, by order of a court of competence jurisdiction or by
decree of nullity made by court of competence jurisdiction.

Chinese customary marriages that take place before the date of coming into force the law
reform act 1976 are recognized to be valid by the law of Malaysia. This can be proven in the
case of Dorothy v Lee Fah Kooi where it was held that the court gave judicial recognition to
certain customs prevalent and thought to be prevalent among Chinese irrespective of their
domicile or religion. They have set up what might be called a sort of common law as affecting
persons of Chinese race.

Mei Lee has undergone a tea serving ceremony at her parents home as part of the Chinese
customary wedding custom. The ceremony took place in September 1981 which is before the
date of enforcement of this act. According to the provisions stated above, the marriage is valid
because it is solemnized in accordance with Chinese custom and the marriage will be deemed
registered automatically. Therefore Mei Lee’s marriage with Datuk Ong is a valid one.

(ii) If she should register her marriage and if so how should she do it.

Section 4(2) provided that any marriage that takes place before the date of coming into force the
law reform act under the law, religion , custom or usage under which is solemnized is deemed
to be registered under LRA. With that being said, she is not compelled to register her marriage
manually since it is understood to have automatically registered. However she can choose to
register manually is she wants to. According to section33(1) , parties to a marriage under any
law, religion, custom or usage prior to date of enforcement of act can apply at any time to
registrar in the prescribed form for the registration of marriage. Section 33(2) stated that parties
to the marriage have to produce evidence of marriage either oral or documentary as he may
require and to furnish such other particular as may be required by him to the registrar. Therefore
if Mei Lee want to register her marriage manually , she can do so by presenting evidence of her
marriage with Datuk Ong either manually or documentary to the registrar.

2. Advise the following parties on the solemnisation and registration of their

marriages in Malaysia:

(a) Jonathan, a Kadazan student from Sabah, aged 19 years, wishes to marry
Elizabeth Khoo, a Chinese from Sungai Siput, Perak, aged 17 years.

Jonathan and Elizabeth have to fulfilled the substantive requirements of a marriage. According
to section 10 of the LRA parties of a marriage to be solemnized in Malaysia must be at least 18
years old. For female party, she has to complete her 16 th year to get her marriage solemnization
authorized by a license granted by chief minister under section 21(2). In this case, Jonathan
who is 19 years old is a major. Elizabeth on the other hand is considered a minor because she
is 17 years old which is below the age required to be married. Therefore she will have to get a
license given by the chief minister in order for her to conduct the solemnization of her marriage
with Jonathan. Secondly, section 11 provides that parties to a marriage must not be within the
prohibited relationship. There is nothing in the facts which states that Jonathan and Elizabeth
have any relation which is not allowed by the provision under prohibited relationship therefore
they can get married. According to section 12(1), any person who has not completed his 21 st
year must obtained written consent to marry from parents. In this case, both parties are under
21 years so to get married they must first get their parents consent. Lastly, section 69(d) states
that parties of a marriage must be between a male and a female. In Corbett v Corbett, in
accordance with the law, gender was based on the gender of marriage. Only parties of opposite
sex can get married. Jonathan and Elizabeth are male and females respectively so it is legal for
them to get married. Section 22(6) says that both parties must freely consent to marriage.
Based on the facts there is no issue to unfree consent. If both parties successfully fulfilled all the
requirements then they can move on to the solemnization process.

Solemnization in Malaysia can take place in the office of registrar under section 22(1)(a). If the
parties wish to carry out the solemnization this way then the process starts with section 14
where the parties to intended marriage must sign and give notice in prescribed form in person to
registrar of the marriage district where the parties have been resident for at least 7 days
preceding the giving of notice. Since the parties in this case are from different districts, they
have to each send a notice of marriage to their respective districts which are in Sabah and also
Sungai Siput Perak. Next, section 16 provides that notice of marriage must be accompanied by
a written declaration which shows that parties have been a resident in marriage for at least 7
days prior of notice, parties below 21 years have received consent for marriage , female under
16 years was given the license to marry by chief minister, no lawful impediment to marriage and
both parties are single. Under section 15, The notice given will be published in registrar office in
both districts until he grants the marriage certificate or after 3 months. Section 17 held that after
the expiration of 21 days from date of publication of notice and upon payment to registrar the
prescribed fee, certificate of marriage can be issued once he is satisfied that the declaration is
complied. Under section 18, upon the receipt of marriage certificate, the marriage must take
place within 6 months after the date of publication of the notice otherwise the notice and all
proceedings will be void and fresh notice shall be given before parties can lawfully marry.
Section 22(4) provides that a marriage to be solemnized in Malaysia will be void unless
certificate for marriage has been issued by registrar. After the parties have obtained the
certificate of marriage they can finally solemnize their marriage in the office of registrar under
section 23. Registrar under section 22(1)(a) shall after delivery to him certificate of marriage
issued by registrar, address the parties in the following words either directly or through
interpreter whether they know of any lawful impediment why they should not be joined together
in matrimony. Upon their answering in the negative he shall enquire, directly or through an
interpreter, of each of the parties whether he or she will take her or him to be his or her lawful
wedded wife or husband. Upon their answering in the affirmative, the Registrar, the parties and
the witnesses shall comply with section 25.

After the solemnization of marriage, parties must proceed to registration of marriage. Section
25(1) provides that Immediately after the solemnization under section 23 is performed the
Registrar shall enter the prescribed particulars in the marriage register. Section 25(2) held that
such entry shall be attested by the parties to the marriage and by two witnesses other than the
Registrar present at the solemnization of the marriage. The registration process then ends with
section 25(3) that says Such entry shall then be signed by the Registrar solemnizing the
marriage.

After going through all these procedures, Jonathan and Elizabeth can be declared as lawful
husband and wife.
(b) Harry Toh, aged 18 years wishes to marry Mary, the daughter of his close friend,
Richard. Mary is not very keen on the marriage as she is “still too young” but her father
approves of the match.

Harry Toh and Mary have to fulfilled the substantive requirements of a marriage. According to
section 10 of the LRA parties of a marriage to be solemnized in Malaysia must be at least 18
years old. For female party, she has to complete her 16th year to get her marriage
solemnization authorized by a license granted by chief minister under section 21(2). In this
case, Harry who is 18 years old is already a major. The facts on Mary’s age is not provided
therefore there could be 2 possibilities. If Mary has completed her 16th year then she will have to
get a license given by the chief minister if she is below 18,in order for her to conduct the
solemnization of her marriage with Harry. If Mary is below the age of 16 then she cannot marry
Harry as the marriage will be held void. Secondly, section 11 provides that parties to a marriage
must not be within the prohibited relationship. There is nothing in the facts which states that
Harry and Mary have any relation which is not allowed by the provision under prohibited
relationship therefore they can get married. According to section 12(1), any person who has not
completed his 21st year must obtained written consent to marry from parents. In this case, both
parties are under 21 years so to get married they must first get their parents consent. Lastly,
section 69(d) states that parties of a marriage must be between a male and a female. In Corbett
v Corbett, in accordance with the law, gender was based on the gender of marriage. Only
parties of opposite sex can get married. Harry and Mary are male and females respectively so it
is legal for them to get married. Section 22(6) says that both parties of the marriage must freely
consent to marriage. Based on the facts, Harry has the intention to marry Mary but Mary does
not freely consent to the marriage as she thinks that she is still too young. Therefore they
cannot get married because one cannot be forced to get into a marriage eventhough her parent
allows her to. Since not all the requirements to a marriage has been fulfilled, Harry and Mary
cannot proceed to solemnize their marriage.

(c ) Arumugam wishes to marry Lachmi at the same temple where their respective
parents had solemnised their marriage many years before.

Arumugam and Lachmi have to fulfilled the substantive requirements of a marriage in order to
solemnize their marriage. According to section 10 of the LRA parties of a marriage to be
solemnized in Malaysia must be at least 18 years old. For female party, she has to complete her
16th year to get her marriage solemnization authorized by a license granted by chief minister
under section 21(2). In this case,since the age of both Arumugam and Lachmi was not
specified, it can be assumed that they are both at least 18 years old . Secondly, section 11
provides that parties to a marriage must not be within the prohibited relationship. However
Hindhu under Hindhu law,custom allow a man to marry his sister’s daughter or a woman to
marry her mother’s brother. There is nothing in the facts which states that Arumugam and
Lachmi have any relation which is not allowed by the provision under prohibited relationship
therefore they can get married. According to section 12(1), any person who has not completed
his 21st year must obtained written consent to marry from parents. In this case, it is not stated
the age of both parties. If the parties are under 21 years so to get married they must first get
their parents consent. However if they have completed their 21 st year then consent is not
needed. Lastly, section 69(d) states that parties of a marriage must be between a male and a
female. In Corbett v Corbett, in accordance with the law, gender was based on the gender of
marriage. Only parties of opposite sex can get married. Arumugam and Lachmi are male and
females respectively so it is legal for them to get married. Section 22(6) says that both parties
must freely consent to marriage. Based on the facts there is no issue to unfree consent to
marriage. If both parties successfully fulfilled all the requirements then they can move on to the
solemnization process.

Arumugam and Lachmi wants their marriage to be solemnized at the same temple where
their respective parents had solemnised their marriage many years before. Under section
22(1)(c) solemnization in Malaysia can take place in a temple in accordance with section 24 at
any such time as may be permitted by the religion, custom or usage which the parties to the
marriage or either of them profess or practice. Section 24(1) where any priest of temple is
appointed by the minister to act as assistant registrar of marriage for any marriage district, such
priest may after delivery to him of statutory declaration under section 22(3) solemnize any
marriage, if the parties to the marriage or either of them profess the religion to which the temple
belong, in accordance with the rites and ceremonies of that religion. Section 22(3) provides that
a valid marriage may be solemnized under section 22(1)(c) by an assistant registrar if he is
satisfied by statutory declaration that :- (a) parties are 21 years or above, (b).there is no lawful
impediment to the marriage and (c). neither parties to the marriage is married at the time of
solemnization. Under section 24(2), where any person is appointed by the minister to act as
assistant registrar of marriages for any marriage district such person may after delivery to him a
statutory declaration under section 22(3) solemnize any marriage in accordance with the custom
or usage which the parties to the marriage of either of them practice. The procedure then
followed with section 24(3) where an assistant registrar solemnizing a marriage under this
section shall in some part of the ceremony remind the parties that either of them shall be
incapable during the continuance of the marriage of contracting a valid marriage with third party.

After the solemnization of marriage, parties must proceed to registration of marriage. Section
25(1) provides that Immediately after the solemnization under section 24 is performed the
Registrar shall enter the prescribed particulars in the marriage register. Section 25(2) held that
such entry shall be attested by the parties to the marriage and by two witnesses other than the
Registrar present at the solemnization of the marriage. The registration process then ends with
section 25(3) that says Such entry shall then be signed by the Registrar solemnizing the
marriage.

After going through all these procedures, Arumugam and Lachmi can be declared as lawful
husband and wife.