NON MUSLIM MARRIAGES 4

Topics: Marriage, Monogamy, Divorce Pages: 16 (580 words) Published: May 11, 2015
NON MUSLIM MARRIAGES

INTRODUCTION
• Govern by LRA from 1st March 1982
• Status of marriage solemnized before the LRA
- Customary marriages/ common law marriages
- Marriage according to various Ordinance
*if valid under custom or Ordinance – automatic
governed by LRA from 1st March 1982 –
deemed to be valid under LRA – Section 4

• Not all marriages were monogamous & not all
need to be registered – Section 33 LRA
voluntary registration
• Variety of laws governing marriage, on 4
February 1970 the YDPA appointed the Royal
Commission on Non-Muslim Marriage and
Divorce Laws

LRA 1976 - APPLICATION
• Section 3
• Does not apply to natives of Sabah and
Sarawak or aborigine of Peninsular Malaysia
• Native? Definition under 161A(6) Federal
Constitution
• Aborigine? Section 3(1) Aboriginal Peoples Act
1954

Marriages From 1 March 1982
st

• Monogamous – Section 5 LRA
• After 1st March 1982 – marriage must be solemnized
according to Part III LRA.
• Section 8 – continuance of marriage
Nancy Kual v Ho Than On
-one of the party was native and marriage conducted in
1990 according to native custom and not registered
under LRA.
Ct – marriage valid as it was governed by native customary law

• Chong Sin Sen v Janaki a/p Challamuthu
Marriage void because it was not solemnized
according to LRA. However, this fact did not
exclude the wife from binging action under
tort on behalf of the husband estate.

Requirements For Marriage
1) Age – Section 10 LRA
2) Consent of parent or guardian – Section 12 –
under 21 yrs old –written consent – failure –
offence under Section 41(3)
3) Not within prohibited relationship – Section 11
4) Avoidance of marriage by prior subsisting
marriage – Section 6 and offence under Penal
Code Section 494 – Section 7 LRA

• Public Prosecutor v Rajappan
5) Consent of parties –Section 22(6)- Section 37
–offence to compel parties to agree
Section 70(c) – voidable marriage –if no valid
consent due to duress, mistake, unsoundness
of mind or otherwise
-widow or widower or divorcee – no consent
required

6) Male and female – Section 69(d) – void
7) Solemnized only by Registrar – Section 9 and
Section 2 – definition of Registrar

Procedures & Solemnization
1) Upon presentation of a certificate of marriage
Section 14 – notice of marriage
Section 15 – publication of notice – until Registrar
grant certificate under Section 17 or until 3
months have elapsed whichever is the earlier
Section 16 – declaration to accompany notice
under Section 14

Section 17 – issue of certificate for marriage –
Can be issued after the expiration of 21 days
from date of publication + prescribed fee
Section 18 – marriage to take place within 6
months – failure – must give fresh notice
Section 19 – caveat
Section 20 – proceedings if caveat entered

Section 22 – solemnization at the office of the
Registrar or other place -licence under Section
21(3)
Section 23 – actual solemnization under 22(1)(a)
or (b)
Registration – Section 25

2) Solemnization upon presentation of a license
-speedier way to get married
-apply for license from Chief Minister – Section
21(1)
- Solemnized within one month from the date of
the license- Section 21(5)
- Solemnization according to Section 23
- Registration – Section 25

3) Solemnization through religious ceremony,
custom or usage
Section 22(1)(c) & 22(3) – statutory declaration
Section 24
Section 25 - registration

Marriage solemnized abroad
• Section 26
• Solemnization by Registrar appointed by
Minister under Section 28(4)
• Deemed to be a marriage solemnized in
Malaysia
• Procedure for registration – similar to Section
25

Foreign Marriages
• Validity – Section 104
• Registration – Section 31
Registration of Marriages Under LRA
Section 27
Section 34 – legal effect of registration...
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