EFFECTS OF MARRIAGES ON

STATUS AND PROPERTY OF

MARRIED WOMEN
 Husband and wife are The wife lost her After marriage – wife
regarded as one entity rights to her name, may evade liability
properties and for debt
heritage

Wife can only sue in

her husband’s name

Effect of Marriage under Tort: Husband

common law and wife cannot
sue each other
Wife cannot be sued
without making the
husband as defendant

Wife can be sued in criminal

proceedings (husband not in
involved)
RIGHTS AND LIABILITIES OF MARRIED WOMEN
UNDER MARRIED WOMEN ACT 1957 (MWA)

• SECTION 2 -MARRIED WOMEN INCLUDES ANY WOMAN MARRIED IN

ACCORDANCE WITH THE RITES AND CEREMONIES REQUIRED BY HER
RELIGION OR CUSTOMS
• SECTION 3- APPLIES TO MARRIED WOMEN OF THE STATES IN WEST
MALAYSIA ONLY SUBJECT TO THE ISLAMIC LAW AND THE CUSTOMS OF THE
MALAYS
CASE: RE KETUNA BIBI [1955] MLJ 166

• WIFE COMMITTED CBT IN RELATION OF HER HUSBAND’S PROPERTY

• HELD : UNDER S9(4) OF MWA, NO CRIMINAL PROCEEDING RELATING TO
CLAIMS OF PROPERTY CAN BE TAKEN WHILE HUSBAND AND WIFE ARE
LIVING TOGETHER
• BUT, UNDER ISLAMIC LAW, SPOUSE MAY TAKE ACTION AGAINST EACH
OTHER FOR CRIMES RELATING TO PROPERTY WHILE THEY ARE LIVING
TOGETHER
• THIS SHOWS THAT MWA ONLY APPLIES AS FAR AS ISLAMIC LAW PERMITS
A) CAPACITY OF MARRIED WOMAN

• SECTION 4 :
• (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.
CONT…
• SECTION 4A : SPOUSE CAN SUE EACH OTHER IN TORT FOR INJURIES
SUFFERED AS IF THEY WERE TWO SEPARATE INDIVIDUALS (REPEALED
FROM S9(2) OF MWO)
• CASE: FARIDAH V MOHAMED HABIBULLAH [1990] 1 MLJ 174
• P SUE D FOR ASSAULT – ISSUE IS WHETHER P COULD SUE HER
HUSBAND WHEN S9(2) OF MARRIED WOMEN ORDINANCE BACK THEN
PROHIBIT A WIFE TO SUE HER HUSBAND IN TORT
• HELD (HC) :ALTHOUGH P CAN SUE HER HUSBAND IN TORT, THE JUDGE
FOUND THAT THE CAUSE OF ACTION OF P WAS GROUNDED ON
CRIMINAL OFFENCE OF PC (S323 FOR CAUSING HURT) – THUS D IS
LIABLE
• HELD (SC) :THE CAUSE OF ACTION OF P IS CLEARLY TORT – WIFE CANT
SUE HUSBAND IN TORT BY VIRTUE OF S9(2) OF MWO
CASE: YEO BEEN LIN V LEE ENG CHEE [2004] 1 CLJ 691

• P WIFE CLAIM FOR DAMAGES AGAINST THE D HUSBAND FOR LOSS OF REPUTATION AND MENTAL DISTRESS DUE
TO THE ADULTERY COMMITTED BY D – ALLEGED THAT D HAD INFLICTED MENTAL INJURIES TO HER BY FORCING
HER TO LISTEN TO HIS SEXUAL EXPLOITS WITH ANOTHER WOMAN
• TWO ISSUES :
• WHETHER P CAN HAVE A REASONABLE CAUSE OF ACTION UNDER S4A MWA SINCE S58 AND S59 OF LRA HAD
PROVIDED REMEDY FOR ADULTERY?
• WHETHER LOSS OF REPUTATION AND MENTAL DISTRESS FELL WITHIN THE DEFINITION OF PERSONAL INJURIES
UNDER S4A?
• HELD : THE REMEDY PROVIDED UNDER S58 AND S59 OF LRA DID NOT RUN PARALLEL TO THE REMEDY
PROVIDED UNDER S4A – S58 AND S59 WERE FOR DAMAGES AGAINST A THIRD PARTY ALLEGED AS ADULTERER
WHEREAS S4A WAS AGAINST ONE`S OWN SPOUSE
• ONE COMMON FACTOR BTW THEM WAS THEY ARE RELATED TO ADULTERY – NO LEGAL BASIS WHICH
PREVENT ONE FROM SUING IN BOTH CAUSES OF ACTION JUST BECAUSE THEY SHARE THE SAME BACKDROP
(ADULTERY)
• MENTAL INJURIES HAVE LONG BEEN ACKNOWLEDGED AS PART OF PERSONAL INJURIES (WILKINSON V
DOWNTON) – TO ATTEMPT TO DISTINGUISH BTW THEM IS NO LONGER RELEVANT IN THE PRESENT DAY UNLESS
IT IS EXPRESSLY PROVIDED IN THE LEGISLATION
B) ABOLITION OF HUSBAND’S LIABILITY FOR
WIFE’S TORTS AND ANTE-NUPTIAL
CONTRACTS, DEBTS AND OBLIGATIONS
• SECTION 6
• 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.
C) PROPERTY OF MARRIED WOMEN

• SECTION 5
• IF THE PROPERTY BELONGED TO A MARRIED WOMEN OR PROPERTY HELD FOR
HER SEPARATE USE IN EQUITY – THAT PROPERTY BELONGS TO HER AS IF SHE
WERE A FEME SOLE AND MAY BE DISPOSED OF ACCORDINGLY.
• SECTION 8
• PROPERTIES TRANSFERRED BY THE HUSBAND TO THE WIFE, WHICH AFTER THAT
CONTINUES TO BE IN THE DISPOSITION OF THE HUSBAND, OR INVESTMENT OF
MONEY MADE BY THE HUSBAND IN THE NAME OF HIS WIFE IN FRAUD OF HIS
CREDITOR, SHALL BE DEEMED INVALID AS AGAINST THE CREDITOR.
CONT…
• SECTION 9 :
• (1) MARRIED WOMEN CAN SUE IN THEIR OWN NAME FOR THE
PROTECTION OF THEIR PROPERTY AS IF SUCH PROPERTY BELONG TO
HER AS A FEME SOLE
• (2) SPOUSE MAY SUE EACH OTHER FOR TORT RESULTING FROM THE
PROTECTION OF THEIR PROPERTY
• (3) IN THE SITUATION WHERE THERE IS ANY CRIMINAL CHARGE, OR IN
ANY PROCEEDING RELATING TO PROPERTY OF A MARRIED WOMAN, IT
IS SUFFICIENT TO ALLEGE THAT SUCH PROPERTIES IS HERS.
THREE SITUATIONS IN RELATION TO CRIMINAL
PROCEEDINGS AGAINST A HUSBAND OR A WIFE:

SECTION 9(4)
(i) WHEN THE HUSBAND AND WIFE ARE LIVING TOGETHER (NO CRIMINAL
PROCEEDINGS MAY BE TAKEN BY ANY OF THE SPOUSES).
(ii) WHEN THE HUSBAND AND WIFE ARE LIVING APART, BUT THE ACT
COMPLAINED OF OCCURRED WHEN THEY WERE LIVING TOGETHER (NO
CRIMINAL PROCEEDINGS MAY BE TAKEN BY ANY OF THE SPOUSES)
(iii) WHEN THE HUSBAND OR WIFE IS LEAVING OR DESERTING OR ABOUT TO
LEAVE OR DESERT THE OTHER SPOUSE ( CRIMINAL PROCEEDINGS MAY BE
TAKEN AGAINST THE OFFENDING SPOUSE)
D) WIFE’S ANTE-NUPTIAL DEBTS AND
LIABILITIES
• SECTION 10 (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.
• SECTION 10 (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.
E) QUESTIONS BETWEEN HUSBAND AND WIFE
AS TO PROPERTY TO BE DECIDED
IN A SUMMARY WAY

• SECTION 11
• IN ANY QUESTION BETWEEN HUSBAND AND WIFE IN RELATION
TO TITLE OR POSSESSION OF PROPERTY, EITHER PARTY MAY
APPLY TO ANY JUDGE OF THE HIGH COURT OR SESSIONS COURT.
CASE: CHIN SHAK LEN V LIN FAH [1962] 1 MLJ 418
• P WAS ASKED BY HER D HUSBAND TO BUY AN UNDIVIDED SHARE OF LAND
WHICH COST $1600 - P PROVIDED A GREAT PART $1200 WHILE THE HUSBAND
ONLY CONTRIBUTED $400 – THE HUSBAND TOLD P THAT THE LAND WILL BE
REGISTERED UPON HER NAME AND THE CHILDREN
• BOUGHT THE LAND AND CONTINUE TO LIVE ON THAT LAND UNTIL THE
HUSBAND DECIDED TO SELL THE LAND – ONLY THEN SHE CAME TO KNOW
THAT THE LAND WAS NOT REGISTERED UNDER HER NAME, INSTEAD IT WAS
UNDER D`S NAME – P CLAIM THAT THE LAND SHOULD BELONG TO HER SINCE
SHE PAY GREATER PART OF THE PRICE
• D ARGUED THAT THAT $1200 WAS A LOAN HE MADE FROM P – AND HE HAS
RETURN BACK THAT LOAN THROUGH A SUBSEQUENT PURCHASE OF RUBBER
LAND UNDER P`S NAME – P SAY THAT D MENTION NOTHING ABOUT THE
PAYING OF $1200 TO HER WHEN HE GIVE THE RUBBER LAND TO HER
• P WIFE APPLY TO THE COURT FOR A DETERMINATION OF THE TITLE OF THE
LAND UNDER S11
 F) MARRIED WOMAN AS AN EXECUTRIX OR
TRUSTEE

• SECTION 12
• PROVIDES THAT A MARRIED WOMAN MAY SUE OR BE SUED IF
SHE IS AN EXECUTRIX OR A TRUSTEE ALONE OR JOINTLY WITH
ANY OTHER PERSON/PERSONS AS IF SHE WERE A FEME SOLE.
THANK YOU