Marriage; Married Women ACT PDF

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MARRIAGE; MARRIED WOMEN ACTDoctrine of Unity ( Hyde v Hyde​ )​ Marriage is defined as Voluntary union for life of one man​ and one woman, to the exclusion of all others. Common Law: H and W becomes one entity after marriage – H will bear all liability W incurred (debt, tort, contract, etc)MWA 1957S2...

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MARRIAGE; MARRIED WOMEN ACT

Doctrine of Unity ( Hyde v Hyde ) Marriage is defined as Voluntary union for life of one man and one woman, to the exclusion of all others. Common Law: H and W becomes one entity after marriage – H will bear all liability W incurred (debt, tort, contract, etc) MWA 1957 S2 married woman includes any woman married in accordance to rites and ceremonies required by religion, custom or manner S3 Application of Act to Muslims To Be Subject to Islamic Law applies  to Muslims married woman and their property, rights and obligations (subject to the Islamic Law. ) S4 Capacity of A Married Women ● Be capable of acquiring, holding and disposing of, any property; ● Be capable of rendering herself, and being about rendered, liable in respect of any tort, contract, debt or obligation ● 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 ● Be subject to the law relating to bankruptcy and to the enforcement of judgements and orders S4A 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. ● Yeo Bee Lin V Lee Eng Chee ; Losing dignity and encountering mental distress, these falls under the personal injuries. S5 (1) S5 (2) S5 (3) Property of Married Women ● For the purposes of this section relating to restrictions upon anticipation or alienation— (a) an instrument attaching such a restriction as aforesaid executed on or after the date of the coming into force of this Act, in pursuance of an obligation imposed

before that date to attach such a restriction shall be deemed to have been executed before such date; (b) a provision contained in an instrument made in exercise of a special power of appointment shall be deemed to be contained in that instrument only and not in the instrument by which the power was created; and (c) the will of any testator who dies after the date of the coming into force of this Act, shall (notwithstanding the actual date of the execution thereof) be deemed to have been executed after such date. S6 abolition of husband’s liability for wife’s torts and ante-nuptial contracts, debts and obligations S8 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. S9 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. -

Mohamad Habibullah b Mahmood v Faridah bt Dato’Talib; P commenced an action to restraint her husband, D from assaulting, harassing or molesting her and members of her family. The issue was, can P initiate an action (sue) D when S9(2) od MWA 1957 prohibits a wife to sue husband in tort. Court noted that it’s a wrongful act and amounted to a criminal offence under the penal code. (mahkamah syariah shj yang ada hak bc both muslims)

(3) (4) 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. - Living together ( tindakan jenayah x boleh diambil)

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Living apart ( if the criminal offence was done when they were staying tgt then x boleh ambil kira) Wrongly taken Living apart & Criminal offence was done after the separated then the D can be held liable. Re Ketuna Bibi; The wife had committed a criminal breach of trust in relation to her husband’s property. The court accepted that under Islamic Law, a husband or a wife may undertake an action against the other spouse for cheating, fraud, or theft of his or her property committed while they’re living together. (S3)

S10 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 women 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. S11 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. 10 Laws of Malaysia ACT 450 (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 his Chambers.

Chin Shak Len v Lin Fah; Husband bought 1/4 of a land where Wife paid 3/4 of it. The land was registered under the husband’s name.Subsequently the husband left but the wife stayed there. The Husband then sold a large portion of the land . The court held that based on the common law, when 2 people give money to pay for the land in the name of one of them, a resulting trust exists for the other person so far as the payment made by him/her. Therefore, since the husband paid ¼ of the land, the balance of ¾ is paid by the wife, hence the balance ¾ belongs to the wife. Nagapushani v Nesaratnam; the D bought a house & transferred the house to the P. The P then transferred back the house to the D and then the D transferred the house to his mother. The asset price is RM17,500, where RM 5,600 was paid with the money that was cashed out from the Pf’s post account. This account was opened by D1 in the name of Pf with the amount of RM250. Subsequently, D1 deposited an amount of money to the account from time to time. Pf also put her money from the household spending money that was given from the husband into her account. Pf then asked for a declaration that she is the real owner of the asset, and all the money from the rent collected is hers after the taxation has been paid (ditolak). Court held that: - when the husband moves the asset under the wife’s name there is a presumption that he has the intention to give her the house, this however was rebutted the moment the wife transferred back the house to the husband. - When the husband opens an account & puts his money in the account from time to time, there’s a presumption that he has the intention to give her as a gift. Because it is di fficult to decide the portions of the money from the husband and the wife. Referring to the principle of equity, the portion of the money is divided equally between both of them. Court held that the wife has the right. Evelyn Tan V Tan Lim Tai; In this case, although their matrimonial home was under the name of the husband, the court found that the wife had contributed enough to the purchase and upkeep to be benecially entitled to half of the prots made from the selling of the home....