NON- Muslims Marriage PDF

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NON-MUSLIMS MARRIAGES3 Application(1) Except as is otherwise expressly provided this Act shall apply to all persons in Malaysia and to all persons domiciled in Malaysia but are resident outside Malaysia.(2) For the purposes of this Act, a person who is a citizen of Malaysia shall be deemed, until th...

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NON-MUSLIMS MARRIAGE S3 Application (1) Except as is otherwise expressly provided this Act shall apply to all persons in Malaysia and to all persons domiciled in Malaysia but are resident outside Malaysia. (2) For the purposes of this Act, a person who is a citizen of Malaysia shall be deemed, until the contrary is proved, to be domiciled in Malaysia. (3) This Act shall not apply to a Muslim or to any person who is married under Islamic law and no marriage of one of the parties which professes the religion of Islam shall be solemnized or registered under this Act; but nothing herein shall be construed to prevent a court before which a petition for divorce has been made under section 51 from granting a decree of divorce on the petition of one party to a marriage where the other party has converted to Islam, and such decree shall, notwithstanding any other written law to the contrary, be valid against the party to the marriage who has so converted to Islam. 12 Laws of Malaysia ACT 164 (4) This Act shall not apply to any native of Sabah or Sarawak or any aborigine of Peninsular Malaysia whose marriage and divorce is governed by native customary law or aboriginal custom unless— (a) he elects to marry under this Act; (b) he contracted his marriage under the Christian Marriage Ordinance [Sabah Cap. 24]; or (c) he contracted his marriage under the Church and Civil Marriage Ordinance [Sarawak Cap. 92]. TYPES OF MARRIAGES BEFORE AMU Statutory Marriage solemnized under Civil Marriage Ordinance 1952 or Christian Marriage Ordinance 1956 Civil Marriage Ordinance 1952 s.4 monogamous marriage – min age 14 girls and 16 boys s.29 prohibition degree of marriage

s.10 consent for minors’ marriage (under 21 years) s.11 notice of marriage s.13 publication of marriage notice s.16 grant of certificate – duration marriage must take place 2. Christian Marriage Ordinance 1956 s.2 minor is those below 21 years s.3 solemnisation in accordance to ordinance Re Loh Toh Met v Poh Peng Heng ~ court ruled a Christian can enter into polygamous marriage in accordance to the Chinese customs s.9 requirement of consent for minor s.27 degree prohibition of marriage – marriage under custom and religion is valid s.28 minimum age of marriage Common Law Hyde v Hyde ~ voluntary union between a man and a woman for life Carolis De Silva v Tim Kim ~ court ruled marriage is recognized by way of cohabitation and repute of matrimony with or without imperfect formalities Isaac Penhas v Tan Soo Eng – court ruled mixed marriages between different race or religion is valid Chua Mui Nee v Palanippan ~ court ruled, polygamous marriage accordance to law of the place marriage was contracted is valid – consent of first wife can be implied Custom Marriage Reg v Willans ~ court ruled if law of the place is not applicable, marriage shall be solemnized in accordance to parties’ religion Dorothy Yee Yeng Nam v Lee Fah Kooi ~ court ruled judicial recognition had been given to marriage according to customs in the Chinese Community Re Lee Siew Kow ~ court ruled a valid Chinese customary marriage is based on mutual consent - contract and repute of marriage is not essential

Yeap Leong Huat v Yeap Leong Soon ~ court ruled secondary wife doesn’t automatically becomes a primary wife upon her death – living together in family home is a heavy proof of being a principal wife

 v Ratnam ~ court ruled this case as authority for evidence of valid Hindu marriage R Parameswari v Ayadurai ~ court ruled the Hindu marriage was valid as all essential was performed by the priest who had celebrated over 800 marriages

TYPES OF MARRIAGES AFTER AMU S4 Subsisting valid marriages deemed to be registered under this Act and dissoluble only under this Act (1) Nothing in this Act shall affect the validity of any marriage solemnized under any law, religion, custom or usage prior to the appointed date. (2) Such marriage, if valid under the law, religion, custom or usage under which it was solemnized, shall be deemed to be registered under this Act. (3) Every such marriage, unless void under the law, religion, custom or usage under which it was solemnized, shall continue until dissolved— (a) by the death of one of the parties; (b) by order of a court of competent jurisdiction; or (c) by a decree of nullity made by a court of competent jurisdiction. S10 Avoidance of marriages where either party is under minimum age for marriage Any marriage purported to be solemnized in Malaysia shall be void if at the date of the marriage either party is under the age of eighteen years unless, for a female who has completed her sixteenth year, the solemnization of such marriage was authorized by a licence granted by the Chief Minister under subsection 21(2). S11 Prohibited relationships (1) No person shall marry his or her grandparent, parent, child or grandchild, sister or brother, great-aunt or great-uncle, aunt or uncle, niece or nephew, great-niece or great-nephew, as the case may be: Provided that nothing in this subsection shall prohibit any person who is a Hindu

from marrying under Hindu law or custom his sister’s daughter (niece) or her mothers’s brother (uncle). (2) No person shall marry the grandparent or parent, child or grandchild of his or her spouse or former spouse. (3) No person shall marry the former spouse of his or her grandparent or parent, child or grandchild. (4) No person shall marry a person whom he or she has adopted or by whom he or she has been adopted. (5) For the purposes of this section, relationship of the half blood is as much an impediment as relationship of the full blood and it is immaterial whether a person was born legitimate or illegitimate. (6) The Chief Minister may in his discretion, notwithstanding this section, grant a licence under this section for a marriage to be solemnized if he is satisfied that such marriage is unobjectionable under the law, religion, custom or usage applicable to the parties thereto and, where such marriage is solemnized under such licence, such marriage shall be deemed to be valid. S12 Requirement of consent consent from father (mother if illegitimate/death) for those below 21 years old – court can give consent if it’s unreasonably withheld, impractical or death of personnel listed – no need consent if party is a widow/widower Re CHS ~ court ruled mother can only give consent when father is dead, otherwise if father is nowhere be found, court will give consent S69 Grounds on which a marriage is void Both parties must be respectively male and female. Corbett v Corbett ~ court ruled marriage invalid as W was a male at birth who underwent gender reassignment surgery

PROCEDURE AND SOLEMNIZATION There are 4 different procedure of solemnization of marriage: a) Solemnization Upon Presentation Of Certificate Of Marriage s.14 parties intend to marry must give notice to the Registrar of the district they had been residing in 7 days prior to such notice – if both parties are from similar district, one notice only s.16 notice in s.14 must be accompanied by written declaration: ● resident of the district for 7 days ● above 21 or below with consent and license from Chief Minister (female below 16) ● no lawful impediment ● parties single s.15 notice published to public – until 3 months have lapsed/certificate granted s.17 satisfied after 21 days of publication + payment issue certificate of marriage s.18 if marriage doesn’t take place 6 months after date of publication – void – require fresh notice – exception when caveat applied s.19 caveat  entered to prohibit Registrar from granting certificate – objection to marriage s.20 upon receiving caveat – make inquiry – if not satisfy, grant certificate – if satisfy, applicant may appeal to court s.22 certificate, once received must deliver to Registrar – solemnized with presence of 2 witnesses - solemnization elsewhere other than Registrar office requires license by Chief Minister under s.21 s.22(3) for marriages solemnized under s.22(1)(c) in churches/temples, Assistant Registrar must satisfy that both parties: ● 21 above or below (widower/with consent ● No lawful impediment ● Both parties are single ● Freely consent to marriages.22(6)

s.23 words to be address by the Registrar to the parties s.25 Registrar must enter prescribed particulars into marriage register – presence of parties to marriage and 2 witnesses b) Solemnization Upon Presentation Of License ● Application done by parties with statutory declaration that there’s no lawful impediment ● CM must satisfied necessary consent had been obtained ● Marriage must be solemnized within a month – else void ● Solemnized under s.23 and registered under s.25 c) Solemnization Through Religious Ceremony, Custom Or Usage ● s.24 marriage can be solemnized accordance to religion, custom or usage must deliver to the priest acting as Assistant Registrar, a statutory declaration ● s.24(3) must stress it’s a monogamous marriage and it’s prohibition s.24(4) explains who’s a ‘priest of a temple’ ● s.25 register in accordingly 4. SOLEMNIZATION ABROAD ● Governed by s.26 ● Solemnized by registrar appointed under s.28(4) at Malaysian Embassy/Consulate/High Commission – hasn’t been notified by Malaysian Government of its objection ● Must be satisfied that: ❏ Both parties are citizen of Malaysia ❏ Has capacity to marry under LRA (age, consent, prohibitory relationship) ❏ If a party isn’t domicile in Malaysia, marriage one solemnized is deemed valid in the country of domicile Notice of marriage has been given 21 days (min) and 3 months (max) – published at the office and Registry of marriage in Malaysia where party last ordinarily resident Procedure of solemnization is similar to that of in Malaysia REGISTRATION OF MARRIAGES Marriage solemnized prior to 1 March 1982 – through custom or usage and religion - doesn’t require registration

s.27 marriage of every person – ordinarily resident and resident abroad but domicile in Malaysia – must be registered under LRA solemnization and registration of such marriage is under s.23, s.24, s.25 of LRA s.31 for marriages contracted in accordance to the law of other countries (not registered under s.26): ● within 6 months after marriage – appear before registrar – register ● if before expiry to 6 months return to Malaysia – register within 6 months of arrival ● if delay – may still register upon payment of fee prescribed ● marriage can be registered only by appearance of one party – with reasonable justification s.31(1B) to register: ● produce certificate/oral/documentary evidence ● furnish necessary registration particulars ● apply via prescribed form s.33 registration procedure for marriages prior to 1 March 1982 – Registrar can NOT register the marriage if found void under LRA s.34 nothing in the LRA shall render a marriage invalid for purpose of non registration s.35 anyone required by s.31 omits to do so – imprisonment one year and/or RM1k fine s.37 interference with marriage (marriage against will/prevent someone from marrying – liable for RM3k fine and 3 years prison s.46 every marriage register kept under LRA shall have proof of marriage dates Leong Wee Shing v Chai Siew Yin ~ mother-in-law applies for declaration that H and W’s marriage on 1995 void as there’s no registration – W provided proof (pictures, invitation cards, etc) – court ruled marriage valid RECOGNITION OF FOREIGN MARRIAGE s.26 governs marriage under LRA but solemnized in a foreign country

s.31 governs marriage of Malaysian under law of foreign countries – must be registered under LRA s.104 provides recognition of marriages contracted abroad if: ● contracted in forms permitted/required by the law of the foreign country ● has capacity to marry according to the law of their country of domicile ● when either/both parties is a citizen/domicile in Malaysia – both have capacity to marry under LRA s.105 foreign marriages, contracted in Malaysia’s foreign Embassies: ● contracted in forms permitted/required by the law of the foreign country/permitted under LRA ● has capacity to marry according to the law of their country of domicile ● either parties is a citizen/domicile in Malaysia –has capacity to marry under LRA...