Judge: Person not registered as wife can’t claim damages

PETALING JAYA: The marriages of non-Muslims who do not register their love union will be deemed “void” in law and they will face problems claiming damages on behalf of their spouses.

Court of Appeal judge Justice Abdul Rahman Sebli said this in a written judgment dated May 13 following an appeal by a widow, Dee Bee Yoke, over her claim for damages on behalf of her late spouse.

Dee was married to Low Chin Wee, who died in a car crash on Dec 11, 2010.

Dee, her mother-in-law and two others sued the driver who allegedly caused Low’s death, seeking damages.

The court observed that couples who did not register their marriages after March 1, 1982, when the Law Reform (Marriage and Divorce) Act, or LRA, came into force, would face complications, especially when attempting to claim damages.

“Non-Muslims who contract their marriages under customary marriages after March 1, 1982 must be mindful of the dire consequences of non-registration of marriage,” Justice Abdul Rahman said in the 24-page judgment.

He added that failure to do so would have “far-fetching implications on their marital status and rights under the law”.

Rahman said a woman could be considered a wife only after she goes through a validly solemnised marriage.

“The spirit of LRA clearly shows that in order for a woman to be recognised as a wife, she must go through a marriage that is solemnised under the LRA to acquire her ‘wife’ status.”

He said the LRA was the most suitable law to find the definition of “wife.”

“Parliament has intended that the LRA shall be the law to regulate marriages of non-Muslims,” Rahman said.

He added that “the provision is clear and unambiguous, and the court should not invent any fancy terms as an excuse not to give effect on the plain meaning.”

Rahman also said the LRA allowed couples to marry according to their customs as Section 24 of the Act provides solemnisation of marriage through a religious ceremony, custom or usage by a temple or church’s priest appointed by the home minister.

“But the marriage (of the widow) that is not registered under the LRA will be a marriage that is in breach of statute and law. Thus, it will be null and void.

“It is merely a ‘marriage’ under the customs, not LRA,” he said.

Although Rahman admitted Dee was a “lawfully” wedded wife through Chinese customs, the couple’s failure to register their marriage under the LRA had made the union “void by operation of law.”

“This should serve as a reminder to people who are going through the treacherous path of unregistered marriages,” he said.

Read full judgment