NON MUSLIM MARRIAGES 4 
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
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