How many sections does AKTA MEMBAHARUI UNDANG-UNDANG (PERKAHWINAN DAN PERCERAIAN) 1976 have?

AKTA MEMBAHARUI UNDANG-UNDANG (PERKAHWINAN DAN PERCERAIAN) 1976 contains 113 sections.

AKTA MEMBAHARUI UNDANG-UNDANG (PERKAHWINAN DAN PERCERAIAN) 1976 (No. 164)

Q: What is AKTA MEMBAHARUI UNDANG-UNDANG (PERKAHWINAN DAN PERCERAIAN) 1976?

*LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976 is Malaysia Act, cited as Act 164 1976, currently marked in force and first recorded in 1976.

Q: Is AKTA MEMBAHARUI UNDANG-UNDANG (PERKAHWINAN DAN PERCERAIAN) 1976 still in force?

Yes — AKTA MEMBAHARUI UNDANG-UNDANG (PERKAHWINAN DAN PERCERAIAN) 1976 is currently in force.

Q: Where can I read the official version of AKTA MEMBAHARUI UNDANG-UNDANG (PERKAHWINAN DAN PERCERAIAN) 1976?

The official text of AKTA MEMBAHARUI UNDANG-UNDANG (PERKAHWINAN DAN PERCERAIAN) 1976 is published at lom.agc.gov.my.

PRELIMINARY

Short title and commencement

Section 1

This Act may be cited as the Law Reform (Marriage and Divorce)

Act 1976 and shall come into force on such date as the Yang di-Pertuan

Agong may, by notification in the Gazette appoint and different dates may be appointed for **Peninsular Malaysia, Sabah and Sarawak.

Section 2

Interpretation

(a)

the States of Malaysia, means the Chief Minister or Menteri

Besar of a State;

(b)

the Federal Territory means the Minister;

(c)

the Malaysian Embassy, High Commission or Consulate, means the Malaysian Ambassador, High Commissioner or

Consul respectively;

“child of the marriage” means a child of both parties to the marriage in question or a child of one party to the marriage accepted as one of the family by the other party; and “child” in this context includes an illegitimate child of, and a child adopted by, either of the parties to the marriage in pursuance of an adoption order made under any written law relating to adoption;

“court” means the High Court or a Judge thereof or, where a Sessions

Court Judge has jurisdiction by virtue of subsection (2), the Sessions

Court or a Sessions Court Judge of that Court;

“marriage district” means an area which has been defined as a marriage district under subsection 28(5), or if no such area has been so defined in any State or Federal Territory, that State or Federal

Territory;

“marriage register” includes—

(a)

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

(b)

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

Law Reform (Marriage and Divorce)

(c)

microfilms, computers and other forms of records made under subsection 46A(2);

“marriage with another woman” means marriage of any person, being married to any other woman during the life of the former wife, whether the second marriage has taken place within Malaysia or elsewhere;

“Minister” means the Minister charged with responsibility for the registration of marriages;

“minor” means a person who is under the age of twenty-one years and who is not a widow or widower;

“native”, in relation to Sabah and Sarawak, has the same meaning assigned to it in Clause (6) of Article 161A of the Federal Constitution;

“Registrar” means a Registrar of Marriages appointed under this Act and includes the Registrar General, an Assistant Registrar General, a

Superintendent Registrar, a Deputy Registrar and an Assistant

Registrar of Marriages;

“Registrar General” means the Registrar General of Marriages and includes a Deputy Registrar General of Marriages appointed under this

Act.

(2)

The Yang di-Pertuan Agong may, on the advice of the Chief

Judge, by notification in the Gazette, confer upon any Sessions Court

Judge jurisdiction to deal with any matter under this Act.

Application

Section 3

“Chief Minister”, in relation to—

(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.

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(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 from having exclusive jurisdiction over the dissolution of a marriage and all matters incidental thereto including granting a decree of divorce or other orders under Part VII and Part VIII on a petition for divorce under section 53 where one party converts to Islam after the filing of the petition or after the pronouncement of a decree, or a petition for divorce under either section 51, 52 or 53 on the petition of either party or both parties to a marriage where one party has converted to Islam, and such decree and orders made shall, notwithstanding any other written law to the contrary, be valid against the party to the marriage who has so converted to Islam.

(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].

Subsisting valid marriages deemed to be registered under this Act and dissoluble only under this Act

Section 4

(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.

*NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia”–see subsection 5(2) of the Interpretation (Amendment) Act 1997 [Act A996].

Law Reform (Marriage and Divorce)

(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.

MONOGAMOUS MARRIAGES

Disability to contract marriages otherwise than under this Act

Section 5

(2)

Every person who on the appointed date is lawfully married under any law, religion, custom or usage to one or more spouses and who subsequently ceases to be married to such spouse or all such spouses, shall, if he thereafter marries again, be incapable during the continuance of that marriage of contracting a valid marriage with any other person under any law, religion, custom or usage, whether the second mentioned marriage or purported third mentioned marriage is contracted within Malaysia or outside Malaysia.

(3)

Every person who on the appointed date is unmarried and who after that date marries under any law, religion, custom or usage shall be incapable during the continuance of such marriage of contracting a valid marriage with any other person under any law, religion, custom

14

or usage, whether the first mentioned marriage or the purported second mentioned marriage is contracted within Malaysia or outside Malaysia.

(4)

After the appointed date, no marriage under any law, religion, custom or usage may be solemnized except as provided in Part III.

Avoidance of marriage by subsisting prior marriage

Section 6

(2)

If any male person lawfully married under any law, religion, custom or usage shall during the continuance of such marriage contract another union with any woman, such woman shall have no right of succession or inheritance on the death intestate of such male person.

(3)

Nothing in this section shall affect the liability of any person to pay such maintenance as may be directed to be paid by him under this

Act or any other written law.

Offence

Section 7

(2)

Where an offence under section 494 of the Penal Code is committed by virtue of subsection (1) by any person in any place outside Malaysia he may be dealt with in respect of that offence as if it had been committed at any place within Malaysia at which he may be found or to which he may have been brought in consequence of any proceeding for his extradition to Malaysia from any place outside

Malaysia:

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15

Provided that any proceeding against any person under this subsection which would be a bar to subsequent proceedings against him for the same offence if the offence had been committed in

Malaysia shall be a bar to further proceedings against him under the

*Extradition Ordinance 1958 [Ord. 2 of 1958] or the *Commonwealth

Fugitive Criminals Act 1967 [Act 54 of 1967] in respect of the same offence outside Malaysia.

Continuance of marriage

Section 8

Every marriage solemnized in Malaysia after the appointed date, other than a marriage which is void under this Act, 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 made by a court of competent jurisdiction that the marriage is null and void.

MARRIAGE

Restrictions on marriage

Persons by whom marriages may be solemnized

Section 9

A marriage under this Act may be solemnized only by a Registrar.

*NOTE—The Extradition Ordinance 1958 [Ord. 2 of 1958] and the Commonwealth Fugitive Criminals

Act 1967 [Act 54 of 1967] has since been repealed by the Extradition Act 1992 [Act 479]–see section 54

of Act 479.

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Section 10

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).

Section 11

Prohibited relationships

(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.

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Requirement of consent

Section 12

(a)

of his or her father or mother;

(b)

if the person is illegitimate, of his or her mother;

(c)

if the person is an adopted child, of his or her adopted father or adopted mother; or

(d)

if both his or her parents (natural or adopted) are dead, of the person standing in loco parentis to him or her before he or she attains that age, but in any other case no consent shall be required.

(2)

Where the court is satisfied that the consent of any person to a proposed marriage is being withheld unreasonably or all those persons who could give consent under subsection (1) are dead or that it is impracticable to obtain such consent, the court may, on application, give consent and such consent shall have the same effect as if it had been given by the person whose consent was required by subsection (1).

(3)

An application to the High Court under this section shall be made to a Judge in chambers.

(4)

When an application is made to the High Court in consequence of a refusal to give consent, notice of the application shall be served upon the person who refused to give consent.

(5)

Notwithstanding anything to the contrary in this Part consent to the marriage of a minor shall not be necessary if the minor has been previously married.

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(6)

There shall be no appeal from an order of a Judge under this section.

Preliminaries to marriage

Non-application of sections 14 to 20 inclusive to certain parties to a marriage

Section 13

Sections 14 to 20 inclusive shall not apply to parties to a marriage to be solemnized in accordance with section 24.

Section 14

Notice of marriage

Whenever any person desire to marry in Malaysia each of the parties to the intended marriage shall sign and give a notice in the prescribed form in person to the Registrar of the marriage district in which such party has been resident for the period of seven days immediately preceding the giving of such notice:

Provided that when both the parties have been resident for the required period in the same marriage district only one such notice need be given by them.

Section 15

Publication of notice

Upon receipt of such notice, the Registrar shall cause such notice to be published by posting a copy in a conspicuous place in his office visible to the public and shall keep the same so posted up until he grants his certificate under section 17 or until three months have elapsed, whichever is the earlier.

Section 16

Declaration to accompany notice

(a)

that one or both the parties to the intended marriage has been resident in the marriage district for the period of seven days immediately preceding the giving of such notice;

(b)

either—

(i)

that each of the parties is twenty-one years of age or over, or, if not, is a widower or widow, as the case may be; or

(ii)

if either party is a minor who has not been previously married and the female party not under the age of sixteen years, that the consent of the appropriate person mentioned in section 12 has been given in writing, or has been dispensed with, or has been given by a court in accordance with the provisions of section 12;

(c)

that there is no lawful impediment to the marriage; and

(d)

that neither of the parties to the intended marriage is married under any law, religion, custom or usage to any person other than the person with whom such marriage is proposed to be contracted.

(2)

Every such declaration shall be in writing in the prescribed form and shall be made by the person giving such notice in the presence of the Registrar who shall attest the same; if such person does not understand Bahasa Malaysia, the Registrar shall ascertain whether such person is cognisant of the purport of the declaration and, if not shall translate or cause to be translated in his presence the declaration to such person into the language which he understands and shall certify on the declaration that such translation has been duly made or is not required as the case may be.

Issue of certificate for marriage

Section 17

Law Reform (Marriage and Divorce)

The Registrar, on being satisfied that the declaration complied with the requirements stated in section 16, shall at any time after the

20

expiration of twenty-one days from the date of publication of the notice under section 15 and upon payment to him of the prescribed fee, issue his certificate for marriage in the prescribed form.

Section 18

Marriage to take place within six months

Subject to section 20, if the marriage does not take place within six months after the date of publication of the notice, the notice and all proceedings consequent thereon shall be void and fresh notice shall be given before the parties can lawfully marry.

Section 19

Caveat

(2)

A caveat entered under this section shall contain the name and place of residence of the person entering the caveat and the grounds of objection upon which the caveat is founded and shall be signed by the person entering the caveat.

Proceedings if caveat entered

Section 20

(a)

after enquiring into the matter of the said objection, he is satisfied that it ought not to prevent the issue of such certificate for the marriage; or

(b)

the caveat is withdrawn by the person who entered it:

Law Reform (Marriage and Divorce)

21

Provided that in cases of doubt it shall be lawful for the Registrar to refer the matter of any such caveat to the High Court which shall decide upon the same.

(2)

Where the Registrar has refused to issue the certificate for marriage the person applying for the same shall have a right of appeal to the High Court which shall thereupon either confirm the refusal or direct the grant of the certificate for marriage.

(3)

The High Court may require proof of the allegations contained in the caveat in a summary way and may hear evidence in support of and in opposition to the objection.

(4)

The proceeding under this section shall be before a Judge in chambers.

(5)

There shall be no appeal from a decision of a Judge under this section.

(6)

If a caveat is entered in accordance with section 19, then, notwithstanding section 18, no fresh notice need be given and the parties may lawfully marry within three months from the date on which the Registrar issues the certificate for marriage.

(7)

If the High Court declares the grounds of objections to be frivolous and such as ought not to prevent the issue of the certificate for marriage the person entering the caveat shall be liable for the costs of all proceedings relating thereto and for damages to be recovered by suit or action by the party against whose marriage such caveat was entered.

Licence

Section 21

(2)

The Chief Minister may in his discretion grant a licence under this section authorizing the solemnization of a marriage although the female party to the marriage is under the age of eighteen years, but not in any case before her completion of sixteen years.

(3)

The Chief Minister on being satisfied, by statutory declaration or otherwise as to him seems proper, that it is more convenient that a marriage under section 23 be solemnized in some place other than in the office of a Registrar may issue a licence in the prescribed form for such purpose.

(4)

A licence authorizing a marriage to be solemnized in a place other than the office of a Registrar shall specify the place in which such marriage may be solemnized.

(5)

If the marriage authorized by a licence under this section is not solemnized within one month from the date of the licence the licence shall become void.

(6)

(a)

The Chief Minister may in writing delegate his power under this section to the Registrar General, Assistant Registrar General or

Superintendent Registrar and may at any time revoke any such delegation.

(b)

No delegation under paragraph (a) shall be deemed to divest the

Chief Minister of his power under this section and he may, if he thinks fit, exercise such power notwithstanding any such delegation.

Solemnization of marriages

Section 22

(a)

in the office of a Registrar with open doors within the hours of six in the morning and seven in the evening;

(b)

in such place other than in the office of a Registrar at such time as may be authorized by a valid licence issued under subsection 21(3); or

(c)

in a church or temple or at any place of marriage in accordance with section 24 at any such time as may be permitted by the religion, custom or usage which the parties to the marriage or either of them profess or practise.

(2)

A valid marriage may be solemnized under paragraph (1)(a)

or (b) by a Registrar if a certificate for the marriage issued by the

Registrar or Registrars concerned or a licence authorizing the marriage is delivered to him.

(3)

A valid marriage may be solemnized under paragraph (1)(c) by an Assistant Registrar if he is satisfied by statutory declaration that—

(a)

either—

(i)

each of the parties is twenty-one years of age or over, or, if not, is a widower or widow, as the case may be, or

(ii)

if either party is a minor who has not been previously married and the female party not under the age of sixteen years that the consent of the appropriate person mentioned in section 12 has been given in writing, or has been dispensed with, or has been given by a court in accordance with section 12;

(b)

there is no lawful impediment to the marriage;

(c)

neither of the parties to the intended marriage is married under any law, religion, custom or usage to any person other than the person with whom such marriage is proposed to be contracted; and

24

(d)

in so far as the intended marriage is a Christian marriage and is to be solemnized in accordance with the rites, ceremonies or usages of a Christian religious denomination, the provisions of the canons of such religious denomination relating to the publication of banns or the giving notice of the intended marriage have been complied with or lawfully dispensed with in accordance with such canons.

(4)

Every marriage purported to be solemnized in Malaysia shall be void unless a certificate for marriage or a licence has been issued by the Registrar or Chief Minister or a statutory declaration under subsection (3) has been delivered to the Registrar or Assistant

Registrar, as the case may be.

(5)

Every marriage shall be solemnized in the presence of at least two credible witnesses besides the Registrar.

(6)

No marriage shall be solemnized unless the Registrar is satisfied that both the parties to the marriage freely consent to the marriage.

Solemnization of a civil marriage performed in office of a

Registrar or elsewhere

Section 23

Law Reform (Marriage and Divorce)

The Registrar acting under paragraph 22(1)(a) or (b) shall, after delivery to him of a certificate for the marriage issued by the Registrar or Registrars concerned or a licence authorizing the marriage, address the parties in the following words, either directly or through an interpreter:

“Do I understand that you A.B. and you C.D. are here of your own free will for the purpose of becoming man and wife?”.

Upon their answering in the affirmative he shall proceed thus:

“Take notice then that, by this solemnization of your marriage before these witnesses here present according to law, you consent to be legally married for life to each other, and that this marriage cannot be dissolved during your lifetime except by a valid judgment of the court and if either of you shall, during the lifetime of the

Law Reform (Marriage and Divorce)

25

other, contract another marriage, howsoever and wheresoever solemnized, while this marriage subsists, you will thereby be committing an offence against the law.”.

Next, the Registrar shall enquire of the parties, directly or through an interpreter, whether they know of any lawful impediment why they should not be joined together in matrimony. Upon their answering in the negative he shall enquire, directly or through an interpreter, of each of the parties whether he or she will take her or him to be his or her lawful wedded wife or husband. Upon their answering in the affirmative, the Registrar, the parties and the witnesses shall comply with section 25.

Section 24

Solemnization of a marriage through religious ceremony, custom or usage

(2)

Where any person is appointed by the Minister to act as

Assistant Registrar of Marriages for any marriage district such person may after delivery to him a statutory declaration under subsection 22(3) solemnize any marriage in accordance with the custom or usage which the parties to the marriage or either of them practise.

(3)

An Assistant Registrar solemnizing a marriage under this section shall in some part of the ceremony remind the parties that either of them shall be incapable during the continuance of the marriage of contracting a valid marriage with any other person and if either of them shall marry during the continuance of the marriage he or she shall commit an offence.

(4)

In this section—

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“priest of a temple” includes any member of a committee of management or governing body of that temple and any committee member of any religious association;

“priest of a church” includes any officer or elder of the church.

Entry in marriage register

Section 25

(2)

Such entry shall be attested by the parties to the marriage and by two witnesses other than the Registrar present at the solemnization of the marriage.

(3)

Such entry shall then be signed by the Registrar solemnizing the marriage.

Solemnization of marriages in Malaysian Embassies, etc., abroad

Section 26

(a)

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

Malaysia;

(b)

that each party has the capacity to marry according to this

Act;

(c)

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

Law Reform (Marriage and Divorce)

(d)

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.

(2)

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.

(3)

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.

Section 27

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.

Appointment of Registrar General, Registrars and Assistant

Section 28

Registrars of Marriages

(2)

The Minister may appoint so many public officers by name or by office, to be—

(a)

Assistant Registrar General of Marriages;

(b)

Superintendent Registrars of Marriages; and

(c)

Registrars of Marriages and Deputy Registrars of

Marriages for such marriage district in any State and the

Federal Territory as may be specified in the appointment.

(3)

The Minister may, in addition, appoint by name or by office, any person whether public officer or not, to be Assistant Registrar of

Marriages in respect of any race, clan, association, church or temple, for such marriage district and for such term as may be specified in the appointment, and every such person so appointed and similarly every

Registrar, Deputy Registrar and other Assistant Registrar, shall be deemed, to be a public servant within the meaning of the Penal Code:

Provided that such appointment shall be made on the recommendation or nomination of the recognised representatives of the race, clan, the committee of management of the association or the governing authority of any religious denomination, church or temple, as the case may be.

(4)

The Minister may, by notification in the Gazette, appoint any member of the diplomatic staff of Malaysia in any country, either by name or by office, to be Registrar of Marriages for the purposes of this

Act in that country.

(5)

The Minister may, by notification in the Gazette, declare any area in a State and the Federal Territory to be a marriage district and define the boundaries of each district; and where an Assistant Registrar of Marriages is appointed under subsection (3), the Minister may define different areas to be marriage districts for any particular race, clan, association, church or temple.

Law Reform (Marriage and Divorce)

(6)

The Assistant Registrar General and the Superintendent

Registrar may subject to any general or special direction of the

Registrar General exercise any of the powers and duties of the

Registrar General conferred and imposed by this Act.

Books and Registers to be kept of all marriages in Malaysia

Section 29

Every Registrar shall keep a marriage register and such books as are prescribed by this Act or rules made thereunder and every marriage solemnized in Malaysia by the Registrar shall immediately after the solemnization thereof be registered by the Registrar in his marriage register.

Section 30

Copies of entries to be sent to Registrar General

(2)

All such copies shall be kept by the Registrar General and the

Superintendent Registrar in such manner as may be prescribed and shall constitute the marriage registers of the Registrar General and the

Superintendent Registrar respectively.

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

Section 31

(a)

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

(b)

register such marriage.

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(1A)

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—

(a)

within six months of arrival in Malaysia, appear before any

Registrar; and

(b)

register such marriage.

(1B)

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

(a)

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;

(b)

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

(c)

apply in the prescribed form for the registration of the marriage to be effected and subscribe the declaration therein.

(2)

A Registrar may dispense with the appearance of one of the parties to the marriage if he is satisfied that there exists good and sufficient reason for the absence of such party and in such case the entry in the marriage register shall include a statement of the reason for his or her absence.

(3)

Upon the registration of any marriage under this section, the

Registrar shall deliver the triplicate copy of the register to the parties to the marriage and the original to the Registrar General and the duplicate to the Superintendent Registrar who shall cause such copies to be bound together to constitute the Foreign Marriages Register.

(4)

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.

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Unlawful registers

Section 32

No person other than the Registrar General or a Superintendent

(a)

keep any book being or purporting to be a register kept in accordance with the provisions of this Act; or

(b)

issue to any person any document being or purporting to be a copy of a certificate of a marriage or a certificate of marriage registered by the Registrar.

Voluntary registration of marriages previously solemnized under religion or custom

Section 33

Registrar appointed under this Act shall—

(2)

The Registrar may require the parties to the marriage to appear before him and to produce such evidence of the marriage, either oral or documentary, as he may require and to furnish such other particulars as may be required by him.

(3)

The Registrar may on being satisfied of the truth of the statements contained in the application register the marriage by entering the particulars thereof in the marriage register prescribed for this purpose.

(4)

The entry of the marriage in the marriage register shall be signed by the Registrar making the entry and by both the parties to the marriage, if available, otherwise, by whichever party shall appear before the Registrar for effecting registration of the marriage.

(5)

Upon the registration of the marriage, the Registrar shall deliver the triplicate copy of the register to the parties to the marriage, the

32

original to the Registrar General and the duplicate to the

Superintendent Registrar.

(6)

The Registrar shall not register a marriage under this section if he is satisfied that the marriage is void under this Act.

Legal effect of registration

Section 34

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.

PENALTIES AND MISCELLANEOUS PROVISIONS

RELATING TO THE SOLEMNIZATION AND

Omission to appear before Registrar within prescribed time

Section 35

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.

Section 36

Contravention of section 32

Any person who contravenes section 32 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; and for a second or subsequent conviction shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding two thousand ringgit or to both.

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33

Section 37

Interference with marriage

(a)

to compel a person to marry against his will; or

(b)

to prevent a person who has attained the age of twenty-one years from contracting a valid marriage, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand ringgit or to both.

False oath, etc., for procuring marriage

Section 38

Any person who for the purpose of procuring any marriage under this Act intentionally makes any false declaration or signs any false notice or certificate required by this Act shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand ringgit or to both.

Section 39

False allegation in caveat

(2)

Any person who enters a caveat against the issue of a certificate for marriage and pretends or falsely represents himself to be a person whose consent to the marriage is required by law knowing or believing such pretence or representation to be false or not believing it to be true shall be guilty of an offence and shall, on conviction, be liable to

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imprisonment for a term not exceeding three years or to a fine not exceeding three thousand ringgit or to both.

Unauthorized solemnization of marriages

Section 40

Any person who, not being authorized thereto under this Act, solemnizes or purports to solemnize any marriage, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years and to a fine not exceeding fifteen thousand ringgit.

Section 41

Offences relating to solemnization of marriages

(a)

without first receiving a certificate for the marriage or a licence dispensing with such certificate;

(b)

otherwise than in the presence of at least two credible witnesses other than the person solemnizing the marriage;

or

(c)

after the expiration of six months from the date of the notice of marriage given under section 14, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years and to a fine not exceeding five thousand ringgit.

(2)

Any Registrar who knowingly and contrary to this Act issues any certificate for marriage—

(a)

without publishing the notice of marriage as required by section 15;

(b)

when a caveat has been entered under section 19 without having first complied with section 20; or

Law Reform (Marriage and Divorce)

(c)

contrary to section 16, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years and to a fine not exceeding five thousand ringgit.

(3)

Any person who marries or purports to marry or goes through a form of marriage with any person contrary to any of the provisions of

Part III shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years and to a fine not exceeding five thousand ringgit.

Destroying or falsifying register book

Section 42

Any person who by himself or another—

(a)

wilfully destroys or injures any register of marriages or any certificate thereout, or any part thereof or any authenticated extract therefrom;

(b)

falsely makes or counterfeits any part of such register or certificate; or

(c)

wilfully inserts any false entry in any register or certificate or authenticated extract, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding seven years and to a fine not exceeding ten thousand ringgit.

Sanction for prosecution

Section 43

No prosecution for an offence punishable under this Act shall be instituted except with the authority in writing of the Public Prosecutor.

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Section 44

Correction of errors

(2)

Every marginal entry so made shall be signed and dated by the

Registrar.

(3)

A copy of such correction shall be sent forthwith to the Registrar

General or the Superintendent Registrar for a similar correction to be made in his marriage register.

Inspection and search

Section 45

The Registrar General or the Superintendent Registrar may, on application made by any person who shall state his reason for making the application and on payment of the prescribed fee, if he is satisfied with the reasons therefor—

(a)

allow the marriage register and index kept by him to be inspected;

(b)

furnish the applicant with an extract of any entry in the marriage register certified under his hand and seal of office.

Proof

Section 46

Every marriage register kept under this Act and any copy of such entry certified by the Registrar shall be prima facie evidence of the dates and acts contained in such marriage register.

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Section 46A

Damaged registers

(2)

The Registrar General may—

(a)

cause any or all marriage registers to be photographed on microfilms; or

(b)

cause particulars in any or all marriage registers to be recorded on computers or in any other manner or form he thinks fit, subject to such precautions as he considers necessary in the interest of its safety and the privacy of the information.

Missing register

Section 46B

Where any marriage register is for any reason missing or destroyed and the Registrar General is satisfied from evidence adduced that any marriage was registered, he may cause such marriage to be re-registered.

DIVORCE

Principles of law to be applied

Section 47

Subject to the provisions contained in this Part, the court shall in all suits and proceedings hereunder act and give relief on principles which in the opinion of the court are, as nearly as may be, conformable to the principles on which the High Court of Justice in England acts and gives relief in matrimonial proceedings.

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Section 48

Extent of power to grant relief

(a)

where the marriage has been registered or deemed to be registered under this Act; or

(b)

where the marriage between the parties was contracted under a law providing that, or in contemplation of which, marriage is monogamous; and

(c)

where the domicile of the parties to the marriage at the time when the petition is presented is in Malaysia.

(2)

Nothing in this Act shall authorize the court to make any decree of judicial separation except—

(a)

where the marriage has been registered or deemed to be registered under this Act; or

(b)

where the marriage between the parties was contracted under a law providing that, or in contemplation of which, marriage is monogamous; and

(c)

where both the parties to the marriage reside in Malaysia at the time of the commencement of proceedings.

Additional jurisdiction in proceedings by a wife

Section 49

(a)

the wife has been deserted by the husband, or the husband has been deported from Malaysia under any law for the time being in force relating to the deportation of persons, and the

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husband was before the desertion or deportation domiciled in Malaysia; or

(b)

the wife is resident in Malaysia and has been ordinarily resident in Malaysia for a period of two years immediately preceding the commencement of the proceedings.

(2)

In any proceedings in which the High Court has jurisdiction by virtue of this section, the issues shall be determined in accordance with the law which would be applicable thereto if the parties were domiciled or resident in Malaysia.

(3)

In this section references to deportation from Malaysia shall be construed as including banishment or expulsion under any written law.

Restriction on petitions within two years of marriage

Section 50

(2)

A Judge of the court may, on an application made to him, allow the presentation of a petition for divorce within the specified period on the ground that the case is one of exceptional circumstances or hardship suffered by the petitioner; but in determining the application the Judge shall have regard to the interests of any child of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties during the specified period.

(3)

Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which occurred before the expiration of the specified period.

Dissolution on ground of conversion to Islam

Section 51

(a)

either party may petition for a divorce under this section or section 53; or

(b)

both parties may petition for a divorce under section 52.

(2)

The Court upon dissolving the marriage or at any time, may make provision for the wife or husband, and for the support, care and custody of the children of the marriage, if any, under Part VII and

Part VIII and may attach any conditions to the decree of the dissolution as it thinks fit.

(3)

Section 50 shall not apply to any petition for divorce where one party has converted to Islam.

Property of spouse after conversion

Section 51A

(2)

In exercising the power conferred by subsection (1), the court shall have regard to—

(a)

the extent of the contributions made by the interested parties in money, property or works towards the acquisition of the matrimonial asset or payment of expenses for the benefit of the family;

(b)

any debts owing by the deceased and the interested party which were contracted for their benefit;

(c)

the extent of the contributions to the welfare of the family by looking after the home or caring for the family;

(d)

the duration of the marriage;

(e)

the needs of the children, if any, of the marriage; and

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(f)

the rights of the interested party under the Distribution Act 1958 [Act 300] if the deceased had not converted.

(3)

For the purposes of this section, “interested party” or “interested parties” means the surviving spouse and surviving children of a marriage, if any, and the parents of the deceased converted spouse.

Dissolution by mutual consent

Section 52

If husband and wife mutually agree that their marriage should be dissolved they may after the expiration of two years from the date of their marriage present a joint petition accordingly and the court may, if it thinks fit, make a decree of divorce on being satisfied that both parties freely consent, and that proper provision is made for the wife and for the support, care and custody of the children, if any, of the marriage, and may attach such conditions to the decree of divorce as it thinks fit.

Section 53

Breakdown of marriage to be sole ground for divorce

(2)

The court hearing such petition shall, so far as it reasonably can, inquire into the facts alleged as causing or leading to the breakdown of the marriage and, if satisfied that the circumstances make it just and reasonable to do so, make a decree for its dissolution.

Proof of breakdown

Section 54

(a)

that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

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(b)

that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;

(c)

that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;

(d)

that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition.

(2)

In considering whether it would be just and reasonable to make a decree the court shall consider all the circumstances, including the conduct of the parties and how the interests of any child or children of the marriage or of either party may be affected if the marriage is dissolved and it may make a decree nisi subject to such terms and conditions as the court may think fit to attach, but if it should appear to the court that in all the circumstances it would be wrong to dissolve the marriage it shall dismiss the petition.

Provisions designed to encourage reconciliation

Section 55

(2)

If at any stage of proceedings for divorce it appears to the court that there is a reasonable possibility of a reconciliation between the parties to the marriage, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a reconciliation. The power conferred by the foregoing provision is additional to any other power of the court to adjourn proceedings.

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Rules to provide for agreements to be referred to court

Section 56

Provisions may be made by rules of court for enabling the parties to a marriage, or either of them, on application made either before or after the presentation of a petition for divorce, to refer to the court any agreement or arrangement made or proposed to be made between them, being an agreement or arrangement which relates to, arises out of, or is connected with, the proceedings for divorce which are contemplated or, as the case may be, have begun, and for enabling the court to express an opinion, should it think it desirable to do so, as to the reasonableness of the agreement or arrangement and to give such directions, if any, in the matter as it thinks fit.

Section 57

Contents of divorce petition

(a)

particulars of the marriage between the parties and the names, ages and sex of the children, if any, of the marriage;

(b)

particulars of the facts giving the court jurisdiction;

(c)

particulars of any previous matrimonial proceedings between the parties;

(d)

a statement of the principal allegations which it will be sought to prove as evidence of the breakdown of the marriage;

(e)

the terms of any agreement regarding maintenance of the wife or dependent party and the children, if any, of the marriage, or the division of any assets acquired through the joint efforts of the parties or the sole effort of one party or where no such agreement has been reached, the petitioner’s proposals; and

(f)

particulars of the relief sought.

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(2)

Every petition for a divorce shall state what steps had been taken to effect a reconciliation.

Damages for adultery may be claimed against co-respondent

Section 58

(2)

A petition under subsection (1) may include a prayer that the co-respondent be condemned in damages in respect of the alleged adultery.

(3)

Where damages have been claimed against a co-respondent—

(a)

if, after the close of the evidence for the petitioner, the court is of the opinion that there is not sufficient evidence against the co-respondent to justify requiring him or her to reply, the co-respondent shall be discharged from the proceedings;

or

(b)

if, at the conclusion of the hearing, the court is satisfied that adultery between the respondent and co-respondent has been proved, the court may award the petitioner such damages as it may think fit, but so that the award shall not include any exemplary or punitive element.

Powers of court on claim to damages for adultery

Section 59

(2)

The court shall have power, when awarding damages, to direct that such damages or any part thereof, be vested in trustees upon trust to pay the income or capital thereof for the benefit of the minor

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children, if any, of the marriage or, where the petitioner is required to pay maintenance to the respondent, in or towards the payment of such maintenance, and subject thereto in trust for the petitioner.

(3)

Whenever in any petition presented by a husband the alleged adultery has been established against the co-respondent, the court may order the co-respondent to pay the whole or any part of the costs of the proceedings; provided that no such order for costs shall be made if the respondent was at the time of the adultery living apart from the husband and living the life of a prostitute or if the co-respondent had not at the time of the adultery reason to believe the respondent to be a married woman.

Hearing of petition

Section 60

If in any proceedings for divorce the respondent alleges against the petitioner and proves any such fact as is mentioned in section 54

the court may give the respondent the relief to which the respondent would have been entitled if the respondent had presented a petition seeking that relief.

Section 61

Decree nisi and proceedings thereafter

(2)

Where a decree nisi of divorce has been granted and no application for it to be made absolute has been made by the party to whom it was granted, then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, the party against whom it was granted may make an application to the court and on that application the court may—

(a)

notwithstanding the provisions of the last foregoing subsection, make the decree absolute;

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(b)

rescind the decree nisi;

(c)

require further inquiry; or

(d)

otherwise deal with the case as it thinks fit.

Remarriage of divorced persons

Section 62

Where a decree of divorce has been made absolute and either—

(a)

there is no right of appeal against the decree absolute;

(b)

the time for appealing against the decree absolute has expired without an appeal having been brought; or

(c)

an appeal against the decree absolute has been dismissed, either party to the former marriage may marry again.

Proceedings for decree nisi of presumption of death and divorce

Section 63

(2)

In any such proceedings the fact that for a period of seven years upwards the other party to the marriage has been continually absent from the petitioner, and the petitioner has no reason to believe that the other party has been living within that time, shall be evidence that he or she is dead until the contrary is proved.

(3)

Sections 61 and 62 shall apply to a petition and a decree under this section as they apply to a petition for divorce and a decree of divorce respectively.

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Judicial Separation

Judicial separation

Section 64

(2)

Where a court grants a decree of judicial separation it shall no longer be obligatory for the petitioner to cohabit with the respondent.

(3)

The court may, on an application by petition of the spouse against whom a decree of judicial separation has been made and on being satisfied that the allegations in the petition are true, rescind the decree at any time on the ground that it was obtained in the absence of the applicant or, if desertion was the ground of the decree, that there was reasonable cause for the alleged desertion.

Judicial separation no bar to petition for divorce

Section 65

(2)

On any such petition for divorce, the court may treat the decree of judicial separation as sufficient proof of the adultery, desertion, or other ground on which it was granted, but the court shall not pronounce a decree of divorce without receiving evidence from the petitioner.

(3)

For the purposes of any such petition for divorce a period of desertion immediately preceding the institution of proceedings for a decree of judicial separation shall, if the parties have not resumed cohabitation and the decree has been continuously in force since the granting thereof, be deemed immediately to precede the presentation of the petition for divorce.

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Property of wife after judicial separation

Section 66

(2)

Where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife and the same is not duly paid by the husband he shall be liable for necessaries supplied for her use.

Nullity of Marriage

Extent of power to grant relief

Section 67

Nothing in this Act shall authorize the court to make any decree of nullity of marriage except—

(a)

where the marriage has been registered or deemed to be registered under this Act; or

(b)

where the marriage between the parties was contracted under a law providing that, or in contemplation of which, marriage is monogamous; and

(c)

where both the parties to the marriage reside in Malaysia at the time of the commencement of the proceedings.

Petition for nullity of marriage

Section 68

Any husband or wife may present a petition to the court praying for a decree of nullity in respect of his or her marriage.

Section 69

Grounds on which a marriage is void

A marriage which takes place after the appointed date shall be void if—

(a)

at the time of the marriage either party was already lawfully married and the former husband or wife of such party was living at the time of the marriage and such former marriage was then in force;

(b)

a male person marries under eighteen years of age or a female person who is above sixteen years but under eighteen years marries without a special licence granted by the Chief Minister under section 10;

(c)

the parties are within the prohibited degrees of relationship unless the Chief Minister grants a special licence under subsection 11(6); or

(d)

the parties are not respectively male and female.

Grounds on which a marriage is voidable

Section 70

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A marriage which takes place after the appointed date shall be voidable on the following grounds only, that is to say:

(a)

that the marriage has not been consummated owing to the incapacity of either party to consummate it;

(b)

that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it;

(c)

that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise;

(d)

that at the time of the marriage either party, though capable of giving a valid consent, was (whether continuously or intermittently) a mentally disordered person within the meaning of the *Mental Disorders Ordinance 1952

*NOTE—This Mental Disorders Ordinance 1952 [Ord. 31 of 1952] has since been repealed by the

Mental Health Act 2001 [Act 615] w.e.f. 15 Jun 2010–see section 93 of Act 615 and P.U.(B) 269/2010.

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[Ord. 31 of 1952] of such a kind or to such an extent as to be unfit for marriage;

(e)

that at the time of the marriage the respondent was suffering from veneral disease in a communicable form;

(f)

that at the time of the marriage the respondent was pregnant by some person other than the petitioner.

Bars to relief where marriage is voidable

Section 71

(a)

that the petitioner, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and

(b)

that it would be unjust to the respondent to grant the decree.

(2)

Without prejudice to subsection (1), the court shall not grant a decree of nullity on the grounds mentioned in paragraph 70(e) or (f)

unless it is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged.

(3)

Subsection (1) replaces, in relation to the grounds mentioned in section 70, any rule of law whereby a decree may be refused by reason of approbation, ratification or lack of sincerity on the part of the petitioner or on similar grounds.

Marriages governed by foreign law or celebrated abroad under

Malaysian law

Section 72

Where, apart from this Act, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of

Private International Law) by reference to the law of a country outside

Malaysia neither section 69 nor section 70 shall—

(a)

preclude the determination of that matter as aforesaid; or

(b)

require the application to the marriage of the grounds there mentioned except so far as applicable in accordance with those rules.

Effect of decree of nullity in case of voidable marriage

Section 73

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(2)

A decree of nullity granted after the appointed date on the ground that marriage is voidable shall operate to annul the marriage only as respects any time after the coming into operation of the decree, and the marriage shall, notwithstanding the decree, be treated as if it had existed up to that time.

Collusion not to be bar to relief in cases of nullity

Section 74

Collusion shall cease to be a bar to the granting of a decree of nullity.

Section 75

Legitimacy where nullity decree made

(2)

Subject to the provisions of this section, the child of a void marriage shall be treated as the legitimate child of his parent if, at the time of the solemnization of the marriage, both or either of the parties reasonably believed that the marriage was valid.

(3)

Subsection (2) applies—

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(a)

only where the father of the child was domiciled in

Malaysia at the time of the marriage; and

(b)

in so far as it affects the devolution of any property only to children born after the appointed date.

(4)

This section does not affect any rights under the intestacy of a person who died before the appointed date, and does not affect the operation or construction of any disposition coming into operation before the appointed date.

(5)

Notwithstanding section 6 of the Legitimacy Act 1961 [Act 60]

all children who are deemed legitimate at birth by virtue of the provisions of this section shall be so treated in all respects and not as persons legitimated at the date of the marriage or of the

Legitimacy Act 1961 as provided therein.

(6)

Any person claiming otherwise than in a petition for a declaration of nullity of the relevant marriage that a child shall be treated as the legitimate child of his parents by virtue of subsection (3)

may apply for a decree to that effect and section 5 of the

Legitimacy Act 1961 shall apply mutatis mutandis to such petition but the court shall not make such a decree unless satisfied by the petitioner that both or either of the parties to the marriage reasonably believed that the marriage was valid as not being in any way contrary to section 71.

(7)

In this section the following expressions have the meaning hereby assigned to them, that is to say—

“void marriage” means a marriage declared to be void under sections 6, 10, 11, subsection 22(4) or section 72;

“disposition” has the same meaning as in the Legitimacy Act 1961, and any reference in this section to property is a reference to any real or personal property, or any interest in such property, which is limited by any disposition (whether subject to a preceding limitation or charge or not) in such a way as to devolve as nearly as the law permits,

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whether or not the property or some interest in the property may in some event become severed from it.

MATTERS INCIDENTAL TO

MATRIMONIAL PROCEEDINGS

Power for court to order division of matrimonial assets

Section 76

(2)

In exercising the power conferred by subsection (1) the court shall have regard to—

(a)

the extent of the contributions made by each party in money, property or work towards the acquiring of the assets or payment of expenses for the benefit of the family;

(aa) the extent of the contributions made by the other party who did not acquire the assets to the welfare of the family by looking after the home or caring for the family;

(b)

any debts owing by either party which were contracted for their joint benefit;

(c)

the needs of the minor children, if any, of the marriage,; and

(d)

the duration of the marriage, and subject to those considerations, the court shall incline towards equality of division.

(3)

(Deleted by Act A1546).

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(4)

(Deleted by Act A1546).

(5)

For the purposes of this section, references to assets acquired during a marriage include assets owned before the marriage by one party which have been substantially improved during the marriage by the other party or by their joint efforts.

Maintenance of spouse

Power for court to order maintenance of spouse

Section 77

(a)

during the course of any matrimonial proceedings;

(b)

when granting or subsequent to the grant of a decree of divorce or judicial separation;

(c)

if, after a decree declaring her presumed to be dead, she is found to be alive.

(2)

The court shall have the corresponding power to order a woman to pay maintenance to her husband or former husband where he is incapacitated, wholly or partially, from earning a livelihood by reason of mental or physical injury or ill-health, and the court is satisfied that having regard to her means it is reasonable so to order.

Assessment of maintenance

Section 78

In determining the amount of any maintenance to be paid by a man to his wife or former wife or by a woman to her husband or former husband, the court shall base its assessment primarily on the means and needs of the parties, regardless of the proportion such maintenance bears to the income of the husband or wife as the case may be, but shall have regard to the degree of responsibility which the court apportions to each party for the breakdown of the marriage.

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Section 79

Power for court to order security for maintenance

The court may in its discretion when awarding maintenance order the person liable to pay such maintenance to secure the whole or any part of it by vesting any property in trustees upon trust to pay such maintenance or part thereof out of the income from such property and, subject thereto, in trust for the settlor.

Section 80

Compounding of maintenance

An agreement for the payment, in money or other property, of a capital sum in settlement of all future claims to maintenance, shall not be effective until it has been approved, or approved subject to conditions, by the court, but when so approved shall be a good defence to any claim for maintenance.

Section 81

Duration of orders for maintenance

Except where an order for maintenance is expressed to be for any shorter period or where any such order has been rescinded, and subject to section 82, an order for maintenance shall expire—

(a)

if the maintenance was unsecured, on the death of the husband or of the wife, whichever is the earlier;

(b)

if the maintenance was secured, on the death of the spouse in whose favour it was made.

Right to maintenance to cease on remarriage

Section 82

(2)

The right of any divorced person to receive maintenance from his or her former spouse under an agreement shall cease on his or her

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marriage to or living in adultery with any other person unless the agreement otherwise provides.

Power for court to vary orders for maintenance

Section 83

The court may at any time and from time to time vary, or rescind, any subsisting order for maintenance, whether secured or unsecured, on the application of the person in whose favour or of the person against whom the order was made, or, in respect of secured maintenance, of the legal personal representatives of the latter, where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances.

Section 84

Power for court to vary agreements for maintenance

Subject to section 80, the court may at any time and from time to time vary the terms of any agreement as to maintenance made between husband and wife, whether made before or after the appointed date, where it is satisfied that there has been any material change in the circumstances and notwithstanding any provision to the contrary in any such agreement.

Section 85

Maintenance payable under order of court to be inalienable

Maintenance payable to any person under any order of court shall not be assignable or transferable or liable to be attached, sequestered or levied upon for, or in respect of, any debt or claim whatsoever.

Section 86

Recovery of arrears of maintenance

(2)

Subject to subsection (3), arrears of unsecured maintenance which accrued due before the death of the person entitled thereto shall be recoverable as a debt by the legal personal representatives of such person.

(3)

No amount owing as maintenance shall be recoverable in any suit if it accrued due more than three years before the institution of the suit.

PROTECTION OF CHILDREN

Meaning of “child”

Section 87

In this Part, wherever the context so requires, “child” has the meaning of “child of the marriage” as defined in section 2 who is under the age of eighteen years.

Section 88

Power for court to make order for custody

(2)

In deciding in whose custody a child should be placed the paramount consideration shall be the welfare of the child and subject to this the court shall have regard—

(a)

to the wishes of the parents of the child; and

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(b)

to the wishes of the child, where he or she is of an age to express an independent opinion.

(3)

There shall be a rebuttable presumption that it is for the good of a child below the age of seven years to be with his or her mother but in deciding whether that presumption applies to the facts of any particular case, the court shall have regard to the undesirability of disturbing the life of a child by changes of custody.

(4)

Where there are two or more children of a marriage, the court shall not be bound to place both or all in the custody of the same person but shall consider the welfare of each independently.

Orders subject to conditions

Section 89

(2)

Without prejudice to the generality of subsection (1), an order for custody may—

(a)

contain conditions as to the place where the child is to reside, as to the manner of his or her education and as to the religion in which he or she is to be brought up;

(b)

provide for the child to be temporarily in the care and control of some person other than the person given custody;

(c)

provide for the child to visit a parent deprived of custody or any member of the family of a parent who is dead or has been deprived of custody at such times and for such periods as the court may consider reasonable;

(d)

give a parent deprived of custody or any member of the family of a parent who is dead or has been deprived of custody the right of access to the child at such times and

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with such frequency as the court may consider reasonable;

or

(e)

prohibit the person given custody from taking the child out of Malaysia.

Declaratory order as to unfitness of parent to have custody

Section 90

(2)

Where an order has been made under subsection (1), and has not been rescinded, the parent thereby declared to be unfit shall not, on the death of the other person, be entitled to the custody of such child unless the court otherwise orders.

Custody of children deemed legitimate

Section 91

When a child is deemed to be legitimate under section 75, the mother shall, in the absence of any agreement or order of court to the contrary, be entitled to custody of the child.

Section 92

Duty to maintain children

Except where an agreement or order of court otherwise provides, it shall be the duty of a parent to maintain or contribute to the maintenance of his or her children, whether they are in his or her custody or the custody of any other person, either by providing them with such accommodation, clothing, food and education as may be reasonable having regard to his or her means and station in life or by paying the cost thereof.

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Section 93

Power for court to order maintenance for children

(a)

if he has refused or neglected reasonably to provide for the child;

(b)

if he has deserted his wife and the child is in her charge;

(c)

during the pendency of any matrimonial proceedings; or

(d)

when making or subsequent to the making of an order placing the child in the custody of any other person.

(2)

The court shall have the corresponding power to order a woman to pay or contribute towards the maintenance of her child where it is satisfied that having regard to her means it is reasonable so to order.

(3)

An order under subsection (1) or (2) may direct payment to the person having custody or care and control of the child or trustees for the child.

Power for court to order security for maintenance

Section 94

The court may, in its discretion, when ordering the payment of maintenance for the benefit of any child, order the person liable to pay such maintenance to secure the whole or any part of it by vesting any property in trustees upon trust to pay such maintenance or part thereof out of the income from such property, and subject thereto, in trust for the settlor.

Section 95

Duration of orders for custody and maintenance

Except where an order for custody or maintenance of a child is expressed to be for any shorter period or where any such order has been rescinded, it shall expire on the attainment by the child of the age of eighteen years or where the child is under physical or mental disability,

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or is pursuing further or higher education or training, on the ceasing of such disability or completion of such further or higher education or training, whichever is the later.

Section 96

Power for court to vary orders for custody or maintenance

The court may at any time and from time to time vary, or may rescind, any order for the custody or maintenance of a child on the application of any interested person, where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances.

Section 97

Power for court to vary agreement for custody or maintenance

The court may at any time and from time to time vary the terms of any agreement relating to the custody or maintenance of a child, whether made before or after the appointed date, notwithstanding any provision to the contrary in any such agreement, where it is satisfied that it is reasonable and for the welfare of the child so to do.

Section 98

Recovery of arrears of maintenance

Section 86 shall apply, mutatis mutandis, to orders for the payment of maintenance for the benefit of any child.

Section 99

Duty to maintain child accepted as member of family

(2)

Any sums expended by a man maintaining such child shall be recoverable as a debt from the father or mother of the child.

Court to have regard to advice of welfare officers, etc.

Section 100

When considering any question relating to the custody or maintenance of any child, the court shall, whenever it is practicable, take the advice of some person, whether or not a public officer, who is trained or experienced in child welfare but shall not be bound to follow such advice.

Section 101

Power for court to restrain taking of child out of Malaysia

(a)

where any matrimonial proceeding is pending; or

(b)

where, under any agreement or order of court, one parent has custody of the child to the exclusion of the other, issue an injunction restraining the other parent from taking the child out of Malaysia or may give leave for such child to be taken out of

Malaysia either unconditionally or subject to such conditions or such undertaking as the court may think fit.

(2)

The court may, on the application of any interested person, issue an injunction restraining any person, other than a person having custody of a child, from taking the child out of Malaysia.

(3)

Failure to comply with an order made under this section shall be punishable as a contempt of court.

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Other reliefs

Power for court to set aside and prevent dispositions intended to defeat claims to maintenance

Section 102

(a)

any matrimonial proceeding is pending;

(b)

an order has been made under section 76 and has not been complied with;

(c)

an order for maintenance has been made under section 77

or 93 and has not been rescinded; or

(d)

maintenance is payable under any agreement to or for the benefit of a spouse or former spouse or child, the court shall have power on application—

(i)

if it is satisfied that any disposition of property has been made by the spouse or former spouse or parent of the person by or on whose behalf the application is made, within the preceding three years, with the object on the part of the person making the disposition of reducing his or her means to pay maintenance or of depriving his or her spouse of any rights in relation to that property, to set aside the disposition; and

(ii)

if it is satisfied that any disposition of property is intended to be made with any such object, to grant an injunction preventing that disposition.

(2)

For the purposes of this section—

“disposition” includes a sale, gift, lease, mortgage or any other transaction whereby ownership or possession of the property is transferred or encumbered but does not include a disposition made for money or money’s worth to or in favour of a person acting in good faith and in ignorance of the object with which the disposition is made;

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“property” means property of any nature, movable or immovable, and includes money.

Injunction against molestation

Section 103

The court shall have power during the pendency of any matrimonial proceedings or on or after the grant of a decree or divorce, judicial separation or annulment, to order any person to refrain from forcing his or her society on his or her spouse or former spouse and from other acts of molestation.

MISCELLANEOUS

Recognition of marriage contracted abroad

Section 104

A marriage contracted outside Malaysia other than a marriage solemnized in a Malaysian Embassy, High Commission or Consulate under section 26, shall be recognised as valid for all purposes of the law of Malaysia if—

(a)

it was contracted in a form required or permitted by the law of the country where it was contracted;

(b)

each of the parties had, at the time of the marriage, capacity to marry under the law of the country of his or her domicile;

and

(c)

where either of the parties is a citizen of or is domiciled in

Malaysia, both parties had capacity to marry according to this Act.

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Recognition of marriages contracted in Embassies, etc., in

Malaysia

Section 105

A marriage contracted in any foreign Embassy, High

Commission or Consulate in Malaysia shall be recognised as valid for all purposes of the law of Malaysia if—

(a)

it was contracted in a form required or permitted by the law of the country whose Embassy, High Commission or

Consulate it is, or in a form permitted under this Act;

(b)

each of the parties had, at the time of the marriage, capacity to marry under the law of the country of his or her domicile;

and

(c)

where either of the parties is a citizen of or is domiciled in

Malaysia, both parties had capacity to marry under this Act.

Requirement of reference to conciliatory body before petition for divorce

Section 106

(i)

where the petitioner alleges that he or she has been deserted by and does not know the whereabouts of his or her spouse;

(ii)

where the respondent is residing abroad and it is unlikely that he or she will enter the jurisdiction within six months next ensuing after the date of the petition;

(iii)

where the respondent has been required to appear before a conciliatory body and has wilfully failed to attend;

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(iv)

where the respondent is imprisoned for a term of five years or more;

(v)

where the petitioner alleges that the respondent is suffering from incurable mental illness; or

(vi)

where the court is satisfied that there are exceptional circumstances which make reference to a conciliatory body impracticable.

(2)

A matrimonial difficulty may be referred to any conciliatory body acceptable to both parties but, where they are unable to agree on a conciliatory body, shall be referred to the marriage tribunal for the area in which they reside or, where they are living in different areas, to the marriage tribunal for the area in which they had last resided together.

(3)

A “conciliatory body” means—

(a)

a council set up for the purposes of reconciliation by the appropriate authority of any religion, community, clan or association;

(b)

a marriage tribunal; or

(c)

any other body approved as such by the Minister by notice in the Gazette.

(4)

A marriage tribunal shall be set up for such specified area or district as the Minister may decide, consisting of a Chairman and not less than two nor more than four other members who shall be nominated by the Minister, or by such officer to whom the Minister may have delegated his powers to in that behalf.

(5)

(a)

A conciliatory body to which a matrimonial difficulty has been referred shall resolve it within the period of six months from the date of reference; and shall require the attendance of the parties and shall give each of them an opportunity of being heard and may hear such other persons and make such inquiries as it may think fit and may, if it considers it necessary, adjourn its proceedings from time to time.

Law Reform (Marriage and Divorce)

(b)

If the conciliatory body is unable to resolve the matrimonial difficulty to the satisfaction of the parties and to persuade them to resume married life together, it shall issue a certificate to that effect and may append to its certificate such recommendations as it thinks fit regarding maintenance, division of matrimonial property and the custody of the minor children, if any, of the marriage.

(c)

No advocate or solicitor shall appear or act as such for any party in any proceeding before a conciliatory body and no party shall be represented by any person, other than a member of his or her family, without the leave of the conciliatory body.

Maintenance of register of divorces and annulments

Section 107

Provided that this requirement shall not apply in any case—

(2)

Every court which grants a decree of divorce or annulment shall forthwith send one certified true copy of the decree to the Registrar

General for registration.

(3)

Where a marriage which is solemnized in Malaysia is dissolved or annulled by a decree of a court of competent jurisdiction outside

Malaysia, either of the parties may apply to the Registrar General for the registration of such decree and the Registrar General, on being satisfied that the decree is one which should be recognised as valid for the purposes of the law of Malaysia, shall register that decree.

(4)

Where a decree of divorce or annulment, wherever granted, has dissolved a marriage which was solemnized in Malaysia and which has been registered under this Act or any written law in force immediately before the coming into force of this Act, the Registrar General shall, on registering such decree, cause the entry in the register of marriage relating to that marriage to be marked with the word “Dissolved” and a reference to the proceedings in which that decree was granted.

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Power to make rules

Section 108

(2)

The Minister may make rules for the purposes of this Act and, without prejudice to the generality of the foregoing, such rules may provide for—

(a)

prescribing the manner in which the Registrars shall exercise the powers conferred on them by this Act;

(b)

the form of marriage registers and certificates of marriage and the mode in which the same are to be kept;

(c)

the mode in which the

Registrar

General, the

Superintendent Registrars, the Registrars and Assistant

Registrars shall keep certificates of marriage, marriage registers and indices thereof;

(d)

the supply and the safe custody of marriage registers,

Registrars’ note-books and all declarations made for the purposes of this Act;

(e)

the preparation and submission of returns of marriages solemnized in Malaysia and abroad and of marriages registered under this Act;

(f)

the forms of any certificates, notices or other documents required for the purpose of carrying out this Act;

(g)

the making of searches and the giving of certified copies;

(h)

fixing the fees chargeable for the purposes of this Act.

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Repeal

Section 109

(2)

All proceedings commenced under the Divorce Ordinance 1952

[Ord.

74

of 1952],

Sabah

Divorce

Ordinance 1963

[Sabah Ord. 7 of 1963], and Matrimonial Causes Ordinance

[Sarawak Cap. 94] repealed shall, so far as practicable, be continued under this Act and for this purpose, every petition for divorce other than one on which a decree nisi has been granted, shall be deemed to be a petition for divorce under this Act and the grounds set out in the petition shall be deemed to be the principal allegations which it will be sought to prove as evidence of the breakdown of the marriage, but every such petition shall, unless the court otherwise orders, be stayed pending reference to a conciliatory body; and where a decree nisi has been granted, the proceedings shall continue as if this Act has not been passed.

(3)

The

Registration of

Marriages

Ordinance 1952

[Ord. 53 of 1952] is extended to Sabah and Sarawak.

*NOTE—see section 8 of the Law Reform (Marriage and Divorce) (Amendment) Act 2017 [Act A1546]

which comes into operation on 15 December 2018 which provides the following provision:

Transitional

Section 8

Any action or proceedings commenced or pending immediately before the date of coming into operation of this Act shall, after the date of coming into operation of this Act, be continued under the provisions of the principal Act as amended by this

Act.

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Schedule

[Section 109]

PENINSULAR MALAYSIA

Ordinances and Acts

Short Title

Extent of Repeal

No. 44 of 1952

Civil Marriage Ordinance 1952

Whole

No. 53 of 1952

Registration of Marriages

Ordinance 1952

In so far as it applies to persons whose marriages are registrable under this Act

No. 74 of 1952

Divorce Ordinance 1952

Whole

No. 33 of 1956

Christian Marriage Ordinance 1956

Whole

Act 60

Legitimacy Act 1961

Subsection 3(2)

No. 36 of 1950

Married Women and Children

(Maintenance) Ordinance 1950

The words “not exceeding fifty dollars” in subsection 3(2)

SABAH AND SARAWAK

Sarawak Cap.

(1948 Edition

Volume III)

Chinese Marriage Ordinance

Whole

Sarawak Cap.

Church and Civil Marriages

Ordinances

Whole

Sarawak Cap.

Matrimonial Causes Ordinance

Whole

Sabah No. 7 of 1963

Divorce Ordinance 1963

Whole

Sabah Cap.

Christian Marriage Ordinance 1919

Whole

Sabah No. 14 of 1959

The Marriage Ordinance 1959

Whole

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Act 164

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act 160

Malaysian Currency (Ringgit) Act 1957

29-08-1975

Act A327

Penal Code (Amendment and Extension)

Act 1976

31-03-1976

Act 92

Subordinate Courts Act 1948

(Section 111—P.U. (A) 357/1980)

01-06-1981

Law Reform (Marriage and Divorce)

(Amendment) Act 1980

01-03-1982

Act A650

Law Reform (Marriage and Divorce)

(Amendment) Act 1986

16-05-1986

Act A1546

Law Reform (Marriage and Divorce)

(Amendment) Act 2017

15-12-2018

72

Act 720

MALAYSIA DEPOSIT INSURANCE

CORPORATION ACT 2011

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 2

Act A498 01-03-1982 3

Act A1546 01-03-1982 15-12-2018 4

Act A498 01-03-1982 5

Act A650 16-05-1986 7

Act A650 16-05-1986 8

Act A498 01-03-1982 12

Act A1546 01-03-1982 15-12-2018 14

Act A498 01-03-1982 15

Act A498 01-03-1982 21

Act A498 01-03-1982 26

Act A650 16-05-1986 28

Act A498 01-03-1982 30

Act A498 01-03-1982 31

Act A498 01-03-1982 32

Act A498 01-03-1982 33

Act A498 01-03-1982 44

Act A498 01-03-1982 45

Act A498 01-03-1982 46

Act A498 01-03-1982 46A

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Section

Amending authority

In force from 46B

Act A498 01-03-1982 51

Act A1546 01-03-1982 15-12-2018 51A

Act A1546 15-12-2018 52

Act A498 01-03-1982 58

Act A498 01-03-1982 69

Act A498 01-03-1982 75

Act A498 01-03-1982 76

Act A1546 15-12-2018 95

Act A1546 15-12-2018 108

Act A498 01-03-1982 109

Schedule

*LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976

About this act

PART I

(a)

(b)

(c)

(a)

(b)

(c)

(2)

(2)

(3)

(4)

(a)

(b)

(c)

(2)

(3)

(a)

(b)

(c)

PART II

(2)

(3)

(4)

(2)

(3)

(2)

(a)

(b)

(c)

PART III

(2)

(3)

(4)

(5)

(6)

(a)

(b)

(c)

(d)

(2)

(3)

(4)

(5)

(6)

(a)

(b)

(i)

(ii)

(c)

(d)

(2)

(2)

(a)

(b)

(2)

(3)

(4)

(5)

(6)

(7)

(2)

(3)

(4)

(5)

(6)

(b)

(a)

(b)

(c)

(2)

(3)

(a)

(i)

(ii)

(b)

(c)

(d)

(4)