Friday, February 11, 2011

Notes On Family Law (Marriage)


MARRIAGE


A. General Requirement of Marriage

1.      Parties to a marriage should freely consented [s.22(6)] and must be single and should not be in the prohibited relationship (s.11) but if they are both Hindu, their relationship stands as uncle and niece can still get married [s.11(1)].

2.      Section 10, LRA, provides age for marriage for a male person is 18 and a female is 16.

3.      Section 21(1), LRA provides that those between 18 to 21 years old should get parent/s or guardian’s written consent.

4.      Section 11 of the Contract Act 1950, states only a person of age of majority can enter into contract.

5.      Section 4 of the Majority Age Act 1971, provides that the age of majority as 18 in Malaysia.


B. Under Age Person

1.      Further s12(1) provides that those between 18 to 21 years old, should get a written consent for their parent/s or appropriate guardian.

2.      If the consent has been withheld unreasonably, the party to marriage can petition the High Court under s.12(2) for consent, the court has the power to grant consent.

3.      Girls who are below the age of 18 should get a license for marriage from Chief Minister under s21(2).

4.      However, the age limit does not apply and the issue consent and license is not applicable if the minor is a divorcee.

C. Place
of Marriage

1.        Solemnization of marriage in such a place other than in the office of Registrar can be done as provided by s22(1)(b) save that the a valid license had been issued.

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