EFFECTS OF MARRIAGE ON

MARRIED WOMEN

Groups: LWB06D&E

Azhani Binti Arshad Law 581 (Jul-Nov 2009)

 MARRIED WOMEN ACT 1957
(MWA)
 It took effect on 15.8.1957 and significantly
amended in 1994.
 Applies to the states of West Malaysia only.
 Section 3 provides that MWA applies to all married
women, but shall have effect in Malay States and the
Federal Territory of Kuala Lumpur in relation to Muslim
married women and their property, rights and obligation
subject to the Islamic Law and the customs of the Malays
governing the relations between husband and wife so far as
the same may be applicable, and in the States of Malacca
and Penang subject to the Islamic law of the states and in
all cases to such last-mentioned Islamic law extends.
Azhani Binti Arshad Law 581 (Jul-Nov 2009)
MWA

 Rights and liabilities

 Section 4: provides that a married woman is capable
of acquiring, holding and disposing of any property,
liable in respect of any tort, contract or debt or
obligation, sues and being sued in her own name
either in tort or in contract and is entitled to all
remedies and redress for all purposes and is subject to
the law relating to bankruptcy and to the enforcement
of judgments and orders as if she were a feme sole or
an unmarried woman.

Azhani Binti Arshad Law 581 (Jul-Nov 2009)

CONT…

 Section 4A (added/ inserted in 1994):

allowing a husband or wife to sue each
other in tort for damages in respect of
injuries to his or her person, in the like
manner as any other two separate
individuals. (injuries incurred in a fight or
an assault)

Azhani Binti Arshad Law 581 (Jul-Nov 2009)

CONT…

 Section 5: on married women’s property:

if the property was that of a married
women or property held for her separate
use in equity, that property belongs to her
in all respects as if she were a feme sole or
an unmarried woman and may be disposed
of accordingly.

Azhani Binti Arshad Law 581 (Jul-Nov 2009)

CONT…

 Section 6: abolishes a husband’s liability

for his wife’s torts and ante-nuptial
contracts, debts and obligations, before or
after marriage.

Azhani Binti Arshad Law 581 (Jul-Nov 2009)

CONT…

 Section 9; On right of married women for

protection of their property. Section 9(2)
was repealed and replaced by section 4A.
 Section 9(3): Any criminal charge or in
any proceeding relating to the property of
a married woman, it is sufficient to allege
that such property is hers.

Azhani Binti Arshad Law 581 (Jul-Nov 2009)

CONT…
 Section 9(4): provides 3 situation in relation to criminal proceedings
against a husband and a wife are:-
 Where the husband and wife are living together (no criminal
proceedings may be taken by any of the spouses);
 Where the husband and wife are living apart, but the act complained of
concerning property occurred when they were living together (no
criminal proceedings may be taken by any of the spouses);
 Where the husband and wife is leaving or deserting or about to leave or
desert the other spouse and the act complained of concerning property
occurred when they were living together (criminal proceedings may be
taken against the offending spouses)
 [where the couple are living apart and the act done by either the husband or
the wife occurred concerning property while they were living separately or
apart, criminal proceeding may be taken against the offending spouse]

Azhani Binti Arshad Law 581 (Jul-Nov 2009)

CASES
 Faridah bt Dato’ Talib v Mohamed Habibullah bin
Mahmood [1990] 1 MLJ 174
 Facts: P had filed a petition for divorce in the Syariah Court.
while the petition was pending, she commenced an action in the
High Court for damages and to restrain her husband, D from
assaulting, harassing or molesting her and members of her
family. D sought to have P’s action struck off. The issue before
the High Court was whether P could institute the action against
D when section 9 (2) of MWA prohibited a wife from suing her
husband in tort.
 Held: since the allegation of assault and battery constituting the
tort were not related to the protection or security of property, P
was barred by section 9(2) from suing D.
 This case prompted Parliament to replace section 9(2) with
section 4A.
Azhani Binti Arshad Law 581 (Jul-Nov 2009)
CONT…

 Re Ketuna Bibi [1955] MLJ 166

 Facts: the wife had committed criminal breach of
trust in relation to her husband’s property. The court
accepted that under Islamic law, a husband or a wife
may undertake an action against the other spouse for
cheating, fraud or theft of his or her property
committed while they are living together.
 MWA does not apply here as under the Islamic law,
criminal action can be taken against the other spouse.

Azhani Binti Arshad Law 581 (Jul-Nov 2009)

CONT…
 Section 10: A woman after her marriage will continue to
be liable for all debts contracted and all contracts entered
into or wrongs committed by her before the marriage.
 Section 11: in instances of doubt between husband and
wife pertaining to the title or possession of property,
either party may apply to any judge of the High Court or
Session Court. any dissatisfied party may appeal either to
the Court of Appeal or the High Court as the case may be.
 Section 12: a married woman may sue and be sued if she
is an executrix of a trustee either solely or jointly with
any other person or persons.

Azhani Binti Arshad Law 581 (Jul-Nov 2009)

Azhani Binti Arshad Law 581 (Jul-Nov 2009)