FAMILY LAW – ANNULMENT OF MARRIAGE

Understanding Annulment of Marriage in Malaysian Law

  1. Overview of Annulment of Marriage in Malaysia:

The annulment of marriage in Malaysia is regulated under the Law Reform (Marriage & Divorce) Act 1976. A distinction is made between a void marriage, which is deemed invalid from the time of solemnisation, and a voidable marriage, which remains valid from solemnisation until annulled by the court. The High Court has jurisdiction over granting a decree of nullity for both void and voidable marriages.

Under s.70 of the Law Reform (Marriage & Divorce) Act 1976 (“the Act”), the grounds for a voidable marriage include:

  • Non-consummation due to incapacity of either party (s.70(a));
  • Non-consummation due to wilful refusal of the respondent (s.70(b));
  • Invalid consent due to duress, mistake, unsoundness of mind, or other factors (s.70(c));
  • Mental disorder of a party rendering them unfit for marriage (s.70(d));
  • Respondent suffering from communicable venereal disease at marriage time (s.70(e));
  • Respondent being pregnant by someone other than the petitioner at marriage time (s.70(f)).
  • Key Issues and Interpretations:
  • A petition for nullity under Section 70 must be specific and precise.
  • Evidence Consideration for ‘Incapacity to Consummate’ (s.70(a))
  • The crux of s.70(a) is the presence of psychological or sexual aversion.
  • Annulment cannot be based solely on mutual agreement to not consummate.
  • Defining “Wilful Refusal to Consummate” (s.70(b))
  • ‘Wilful refusal’ is legally interpreted as a resolute decision made without justified reasons.
  • A petition for nullity on this ground must solely involve the respondent’s willful refusal, not a mutual disinterest in consummation or the marriage itself.

Case Reference: Re Kirthiga Suthan a/l Kathiravellu & Anor [2023] 12 MLJ
This recent ruling highlights and clarifies the application of Section 70 of the Act, offering valuable insight into the nuances of marriage annulment under Malaysian law

Recent Post

JUDICIAL REVIEW – PROCEDURAL FAIRNESS AND LOCUS STANDI

This excerpt illuminates the foundational principles of judicial review as outlined in Order 53 of the Rules of Court 2012. It highlights the criteria for challenging public decisions on grounds of illegality, irrationality, or procedural impropriety. Central to the discussion is the question of timing in judicial review applications, particularly in cases of procedural unfairness. The practical scenario underscores the significance of a “decision” by the relevant authority as a prerequisite for locus standi, drawing insights from the case of Hisham bin Halim v Maya bt Ahmad Fuad & Ors [2023] 12 MLJ 714.

Read More »

CONTRACT LAW – CONTRACTUAL INTERPRETATION REMEDIES UNVEILED: DECIPHERING CONTRACTUAL CLAUSES AND LEGAL BALANCE

This legal updates explore the principles governing the interpretation of agreements, emphasizing the importance of clarity and unambiguity in contractual terms. It delves into a key issue involving restrictions on remedies for breach of contract, shedding light on the court’s commitment to upholding plain meanings. The illustrative scenario involving shareholders X and Y dissects a pertinent clause, showcasing the delicate balance between restricting remedies and ensuring fairness in legal proceedings.

Read More »

TIME’S UP: NAVIGATING THE 12-YEAR LIMITATION

In the intricate dance of land security and loan agreements, the ticking clock of the limitation period cannot be ignored. This excerpt delves into the critical understanding of how the 12-year limitation period, as prescribed by the Limitation Act 1953, plays a pivotal role in the enforcement of property charges in Malaysia. It elucidates the start time of this countdown and its legal implications, providing a comprehensive guide for both lenders and borrowers in navigating these time-sensitive waters.

Read More »

OVERVIEW OF TORRENS SYSTEMS IN MALAYSIA

Malaysia’s land law and transactions are guided by the Torrens System, which ensures that the land registry accurately reflects all vital details about the land’s registered owner. As per Section 89 of the National Land Code 1965, Malaysia’s land law and transactions are guided by the Torrens System, which ensures that the land registry accurately reflects all vital details about the land’s registered owner. As per Section 89 of the National Land Code.

Read More »

FAMILY LAW – ANNULMENT OF MARRIAGE

The annulment of marriage in Malaysia is regulated under the Law Reform (Marriage & Divorce) Act 1976. A distinction is made between a void marriage, which is deemed invalid from the time of solemnisation, and a voidable marriage, which remains valid from solemnisation until annulled by the court.

Read More »
en_USEnglish
× How can I help you?