Ruthannah Hope Wang v Timothy Tiong Ing Zun (BA-33-484-07/2024)

This is a Petition for Annulment filed by the petitioner, Ruthannah Hope Wang, against the respondent, Timothy Tiong Ing Zun.

On 11th March 2026, this Court struck out the Petition, without liberty to file a fresh, except after the marriage is registered in Malaysia. Dissatisfied with the order, the petitioner appealed to the Court of Appeal.

The marriage between the petitioner and the respondent was solemnized on 27th October 2023 in Ontario, Canada.

The marriage certificate in Annexure RHW-1 shows that the marriage was registered on 5th December 2023 by the Registrar General of Ontario.

On 1st July 2024, the petitioner filed a petition for annulment pursuant to section 70 (1) (a) and (b) of the Law Reform (Marriage and Divorce) Act 1976 (Act 164). The petitioner pleaded that the marriage had never been consummated due to the respondent’s wilful refusal to do so.

The petitioner also pleaded as follows – a) The petitioner and the respondent have cohabited at A- 09-03, 9 Bukit Utama, Persiaran Bukit Utama, 47800 Petaling Jaya, Selangor. b) The petitioner and the respondent each reside in Malaysia. c) There have been no previous proceedings in any court in Malaysia or elsewhere with reference to the marriage. d) There are no proceedings continuing in any country outside Malaysia which are in respect of the marriage or are capable of affecting its validity or subsistence.

The parties first appeared before me on 11th March 2026. The Court’s record indicates that multiple case management and hearing dates were scheduled.

On 11th March 2026, during the case management proceedings, I asked the petitioner’s and the respondent's counsel for clarification as to whether the marriage was registered in Malaysia.

Both counsels confirmed that the marriage was not registered in Malaysia. I then asked which provision of Act 164 the petitioner relies on to seek the relief sought in the Petition from this Court. The learned counsel for the petitioner referred to section 34 of Act 164.

Subsequently, I struck out the Petition for Annulment without liberty to file a fresh until the marriage is registered under Act 164. The following are the reasons for my decision.

The Law Reform (Marriage and Divorce) Act 1976 (Act 164) was enacted and came into force to regulate the marriages of non-Muslims in Malaysia.

Act 164 took effect throughout Malaysia on 1st March 1982.

The term marriage register in Act 164 is defined under section 2 as follows – marriage register” includes—

any register of marriages kept under any written law relating to registration of marriages prior to the appointed date;

marriage registers constituted under subsection 46 A (1) and section 46B; and

microfilms, computers and other forms of records made under subsection 46 A (2). [14] Act 164 recognizes marriage solemnized abroad as provided under Section 26. Section 26 of Act 164 reads as follows – Solemnization of marriages in Malaysian

Embassies, etc., abroad

A marriage may be solemnized by the Registrar appointed under subsection 28(4) at the Malaysian Embassy, High Commission or Consulate in any country which has not notified the Government of Malaysia of its objection to solemnization of marriages at such Malaysian Embassy, High Commission or Consulate: Provided that the Registrar shall be satisfied—

that one or both of the parties to the marriage is a citizen of Malaysia;

that each party has the capacity to marry according to this Act;

that, where either party is not domiciled in Malaysia, the proposed marriage, if solemnized, will be regarded as valid in the country where such party is domiciled; and

that notice of the proposed marriage has been given at least twenty-one days and not more than three months previously, which notice has been published both at the office of the Registrar in the Embassy, High Commission or Consulate where the marriage is to be solemnized and at the Registry of the marriage district in Malaysia where each party to the marriage was last ordinarily resident and no caveat or notice of objection has been received.

The procedure for solemnization and registration of marriages at a Malaysian Embassy, High Commission or Consulate shall be similar in all respects to that which applies to marriages solemnized and registered in Malaysia under this Act as if the Registrar appointed for a foreign country were a Registrar in Malaysia.

A marriage solemnized under this section shall, for the purposes of this Act, be deemed to be a marriage solemnized in Malaysia, and subsection 7 (2) shall apply mutatis mutandis in relation to any offence under this Act, in respect of such marriage. [15] Part IV of Act 164 contains specific provisions for the Registration of Marriages and comprises sections 27 through 34. [16] Section 31 of the Act 164 sets out the requirement to register a foreign marriage for a citizen of Malaysia or for a person domiciled in Malaysia as follows –

Registration of foreign marriage by a person citizen of or domiciled in Malaysia

Where any person who is a citizen of or is domiciled in Malaysia has contracted a marriage abroad, not being a marriage registered under section 26, such person shall—

within six months after the date of such marriage, appear before the nearest or most conveniently available Registrar abroad; and

register such marriage.

Where before the expiry of six months under paragraph (1) (a), either or both parties return to Malaysia and the marriage was not registered, such person shall—

within six months of arrival in Malaysia, appear before any Registrar; and

register such marriage.

A person who applies to register a marriage under subsection (1) or (1A) shall—

produce to such Registrar the certificate of such marriage or such evidence either oral or documentary as may satisfy the Registrar that such marriage took place;

furnish such particulars as may be required by the Registrar for the due registration of such marriage; and

apply in the prescribed form for the registration of the marriage to be effected and subscribe the declaration therein. [17] The presence of these provisions clearly indicates Parliament's intention that the registration of marriages is an essential prerequisite for non-Muslim marriages in Malaysia. In addition, Act 164 also provides for penalties for those who fail to register their marriage, as set out in subsection 31 (4) as follows –

Where the parties to a marriage required to be registered under this section have not appeared before a Registrar within the period as prescribed in subsection (1), the marriage may, upon application to the Registrar, be registered by him on payment of such penalty as may be prescribed. [18] Apart from that, Act 164 provides for penalties and miscellaneous provisions relating to the solemnization and registration of marriages in Malaysia. The relevant is under section 35, which reads – Omission to appear before Registrar within prescribed time

Any person who, being required by section 31 to appear before a Registrar, omits to do so within the prescribed time shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both. ISSUE TO BE DECIDED [19] The central issue in this case is whether this Court has jurisdiction to hear and determine the petitioner’s claim to annul the marriage solemnized abroad, where the marriage was not registered in accordance with the Law Reform (Marriage and Divorce) Act 1976 (Act 164). ANALYSIS AND DECISION Whether this Court has jurisdiction to hear and determine the petitioner’s claim to annul the marriage solemnized abroad, which was not registered under the Law Reform (Marriage and Divorce) Act 1976 (Act 164). [20] The Petition for Annulment filed by the petitioner did not plead that the marriage was solemnized at the Malaysian Embassy in Canada pursuant to section 26 (1) of Act 164. [21] Section 34 of Act 164 outlines the legal consequences of registration.

Legal effect of registration Nothing in this Act or the rules made thereunder shall be construed to render valid or invalid any marriage which otherwise is invalid or valid merely by reason of its having been or not having been registered. [22] In my view, section 34 of Act 164 specifically addresses the validity of a marriage, meaning that its validity is not affected by whether the marriage has been registered. [23] I find that matters relating to the validity of the marriage are not disputed in this petition. Instead, the marriage is deemed valid until the reliefs under the petition for annulment are granted. [24] I refer to The Law Reform (Marriage and Divorce) Act 1976: Commentary and Cases, Second Edition, Sweet & Maxwell 2024, written by Professor Nuraisyah Chua Abdullah at page 78, where it is stated as follows – By virtue of a literal interpretation of section 34, the registration of marriage is merely a personal option. The issue is whether section 34 is in contradiction with the spirit and letter of the LRA. It is important to note that the issue of registration of marriage is important in determining the legitimacy of children of the marriage, entitlement to maintenance, and the jurisdiction of the court in entertaining a decree of divorce, a dependency claim and a claim for a share of matrimonial assets. [25] In other words, the marriage certificate issued by the Registrar upon completion of the registration process serves as a license that enables the parties to the marriage to invoke the Court's jurisdiction to claim their rights under Act 164. [26] This Court also adopts a literal rule of interpretation by looking to the plain meaning and wording of section 27 of the Law Reform (Marriage and Divorce) Act 1976, which provides on registration —

Registration The marriage of every person ordinarily resident in Malaysia and of every person resident abroad who is a citizen of or domiciled in Malaysia after the appointed date shall be registered pursuant to this Act. [27] The appointed date for Act 164 is 1st March 1982. The petitioner herein married the respondent after that date, on 27th October 2023. Therefore, the marriage must be registered in Malaysia. [28] Furthermore, Act 164 applies to all persons domiciled in Malaysia and to those who are residents outside Malaysia, as provided under section 3. In Letchumy v Ramadason [1984] 1 MLJ 143, the Court emphasized that the legislative intention of section 3 must be construed in light of the framework and general purpose of Act 164. Act 164 not only makes marriage registration mandatory but also imposes penalties on couples who fail to register their marriage, particularly in cases involving marriages solemnized abroad. [29] This Court holds that the institution of marriage, whether solemnized in Malaysia or abroad, is of such importance that it must be comprehensively safeguarded and regulated. This is necessary to ensure that the parties to the marriage have the right to appear before a court of competent jurisdiction to enforce their rights under the law. [30] Nevertheless, access to justice and the enforcement of such rights are subject to a preliminary requirement that the marriage be registered under Act 164. CONCLUSION [31] As far as Act 164 is concerned, the marriage between the petitioner and the respondent was never solemnized in Malaysia. I am of the view that this Court lacks jurisdiction to hear the petition herein, given that the marriage was solemnized in Canada and not registered in Malaysia. [32] Accordingly, after considering the mandatory requirements under Act 164, it is just and appropriate that the Petition for Annulment dated 1st July 2024 be struck out without liberty to file afresh until the marriage is duly registered under the Law Reform (Marriage and Divorce) Act 1976 (Act 164). Dated of 07 May 2026. - Signed - ………………………………………. Hazizah binti Kassim Judge High Court of Family (2) Shah Alam, Selangor

For the Petitioner : Vinayak Sri Ram together with David Wong Zhi Khang, Chelsea Ho Su Ven and Daveena Nagarajah (PDK) Messrs Rosli Dahlan Saravana Partnership (Kuala Lumpur, Wilayah Persekutuan)

For the Respondent : Dato’ Chris Chin Shang Yoon and Tan Han Rui Messrs Shang & Co (Kuala Lumpur, Wilayah Persekutuan)