FAMILY LAW – MARRIAGE (LRA)
Marriage is a voluntary union for life between one man and one woman to the
exclusion of all others. (Hyde v Hyde)
~ [Doctrine of Unity of Marriage]
Law Reform (Marriage and Divorce) Act 1976
Provide for monogamous marriages and the solemnization and registration of
such marriages
To amend and consolidate the law relating to divorce
To provide for matters incidental thereto
Application of LRA:
Section 3(1) - to all person in Malaysia and to all persons domiciled in Malaysia
but are resident outside Malaysia
Section 3(3) - do not apply to a Muslim or any person who married under
Islamic law or one of the parties which profess the religion of Islam
Section 3(4) - do not apply to any native of Sabah and Sarawak or any
aborigine of West Malaysia unless they elects to marry under LRA or contracted
his marriage under the Christian Marriage Ordinance or contracted marriage
under the Church and Civil Marriage Ordinance
NANCY KUAL v HO THAU ON
1
, Facts: Plaintiff sought a declaration that she was the legal wife of
Defendant and that the native customary marriage entered into
between them on June 1990 was valid and subsisting in law.
Plaintiff was a native of Sabah whilst Defendant is born of
Chinese Parents. Both underwent a tea ceremony, they both
cohabited as husband and wife. They both went again with
another ceremony based on Kadazan’s Custom. The Plaintiff and
Defendant served rice wine to the native chief, who witnessed the
marriage and all the elders. They continue to cohabit until they
encountered problems in their marriage. The marriage was not
registered under LRA.
Held: Court held that LRA applied to them both as LRA accepted
performance of marriage under religious, customs or usage after
the date of the enforcement of the LRA which is 1st March 1982
for Sabah and March 1979 in Peninsula Malaysia. Court also held
where the solemnization (ceremony) completed fulfil the
religions/custom and usage’s then it will be held valid. Hence,
court held that the marriage based on both ceremony that it is
valid.
Marriage prior to LRA
Types of Marriages:
1. Statutory Marriages
Civil Marriage Ordinance 1952
2
, Church and Civil Marriage Ordinance Sarawak
Christian Marriage Ordinance 1956
Christian Marriage Ordinance Sabah
Marriage Ordinance Sabah 1959
2. Customary Marriage
a) Chinese Customary Law
DOROTHY YEE YENG NAM v LEE FAH KOOI – The court held
that it is clear that the custom of the Chinese is more common
throughout the Peninsula Malaysia
RE LEE SIEW KOW – Court held that the ingredients of a valid
Chinese Customary marriage was a marriage that is based on mutual
consent.
YEAP LEONG HUAT v YEAP LEONG SOON & ANOR – The court
held that according to Chinese custom a man can have one principal
wife at any one time, but he can have one or more secondary wives
without a principal wife.
3
Marriage is a voluntary union for life between one man and one woman to the
exclusion of all others. (Hyde v Hyde)
~ [Doctrine of Unity of Marriage]
Law Reform (Marriage and Divorce) Act 1976
Provide for monogamous marriages and the solemnization and registration of
such marriages
To amend and consolidate the law relating to divorce
To provide for matters incidental thereto
Application of LRA:
Section 3(1) - to all person in Malaysia and to all persons domiciled in Malaysia
but are resident outside Malaysia
Section 3(3) - do not apply to a Muslim or any person who married under
Islamic law or one of the parties which profess the religion of Islam
Section 3(4) - do not apply to any native of Sabah and Sarawak or any
aborigine of West Malaysia unless they elects to marry under LRA or contracted
his marriage under the Christian Marriage Ordinance or contracted marriage
under the Church and Civil Marriage Ordinance
NANCY KUAL v HO THAU ON
1
, Facts: Plaintiff sought a declaration that she was the legal wife of
Defendant and that the native customary marriage entered into
between them on June 1990 was valid and subsisting in law.
Plaintiff was a native of Sabah whilst Defendant is born of
Chinese Parents. Both underwent a tea ceremony, they both
cohabited as husband and wife. They both went again with
another ceremony based on Kadazan’s Custom. The Plaintiff and
Defendant served rice wine to the native chief, who witnessed the
marriage and all the elders. They continue to cohabit until they
encountered problems in their marriage. The marriage was not
registered under LRA.
Held: Court held that LRA applied to them both as LRA accepted
performance of marriage under religious, customs or usage after
the date of the enforcement of the LRA which is 1st March 1982
for Sabah and March 1979 in Peninsula Malaysia. Court also held
where the solemnization (ceremony) completed fulfil the
religions/custom and usage’s then it will be held valid. Hence,
court held that the marriage based on both ceremony that it is
valid.
Marriage prior to LRA
Types of Marriages:
1. Statutory Marriages
Civil Marriage Ordinance 1952
2
, Church and Civil Marriage Ordinance Sarawak
Christian Marriage Ordinance 1956
Christian Marriage Ordinance Sabah
Marriage Ordinance Sabah 1959
2. Customary Marriage
a) Chinese Customary Law
DOROTHY YEE YENG NAM v LEE FAH KOOI – The court held
that it is clear that the custom of the Chinese is more common
throughout the Peninsula Malaysia
RE LEE SIEW KOW – Court held that the ingredients of a valid
Chinese Customary marriage was a marriage that is based on mutual
consent.
YEAP LEONG HUAT v YEAP LEONG SOON & ANOR – The court
held that according to Chinese custom a man can have one principal
wife at any one time, but he can have one or more secondary wives
without a principal wife.
3
