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Development of Family Law - Coggle Diagram

- - - - Recognises monogamous marriage
        
        non-Muslim in Malaysia
        
        non-Muslim who are domiciled in Malaysia but reside outside Malaysia
        
        only applicable to the aborigines if :-
        
        they elect to marry under LRA
        
        Contracted the marriage under The Christian Marriage Ordinance
        
        contracted the marriage under the Church and Civil Marriage
      - Not applicable to Muslims as they are governed by Islamic Law
  - - - Family law should be executed on appreciating the situations in Peninsular, Sabah and Sarawak
  - - - In the peninsular
        
        Chinese
        
        Indians
      - Sabah and Sarawak
        
        natives
        
        chinese
        
        indians
- - - - age of the party
        
        male party who was 16 years and above
        
        female party who was 14 and above
      - consent of the parents
        
        is an important requirements if the party proposed is a minor. But it is not absolute as if the party could not obtain the consent it could be given by the state authority.
      - Kindred and affinity
        
        Prohibited degrees in this requirement varied included the person's direct ascendants, descendants and similar relatives of the spose, brothers, sisters and their respective children, aunts and uncles.
      - avoidance of marriage by prior subsisting marriage
        
        any marriage would be invalid if either party was married to any person before the other party
      - consent of the parties
        
        the parties should establish mutual consent to the marriage
  - - - male party who was 16 years and above
      - female party who was 14 and above
    - - parties need to acquire the consent of the parent or guardian but can also be given by the High Court
  - - - Dorothy Yee Yeng Nam v Lee Fah Kooi
      - Re Lee Siew Kow, Decad
      - Re Ding Do Ca, Decad
  - - - Chua Mui Nee v Palaniappan
      - Paramesuari V Ayadurai
  - - - annulment
        
        marriage declared invalid by law of the place it was celebrated
        
        absence of consent due to fraud
        
        existence of unsounded mind
        
        former husband or wife of the partywas living at the time of marriage
        
        either party suffering from venereal disease in a communicable form
        
        pregnancy by some person other than the petitioner
        
        parties are within the prohibited degree of affirnity
      - dissolution
        
        adultery
        
        desertion for a period of at least 3 years
        
        cruelty
        
        unsoundness of mind
- - - - age
        
        both party must be 14 and above
      - consent of parents
      - Kindred and affinity
      - avoidance of marriage by prior subsisting marriage
        
        monogamous
      - consent of parties
        
        parties must be sound and able to understand the whole nature of marriage
      - procedures and formalities
    - - Matrimonial Causes Ordinance 1958 (MCO 1958)
        
        marriage is void if
        
        non-compliance with the provision
        
        the marriage had not been consummated
        
        the marriage was invalid by the law of the place it was solemnised
        
        parties were below the minimum age
        
        parties were within the prohibited degrees of relationship
        
        parties were not contracted to a subsisting marriage
        
        partners were unsound
        
        no free consent
        
        dissolution
        
        adultery
        
        sodomy
        
        petitioner was deserted by respondent for 2 years or more
        
        respondent failed to give support for the petitioner and children for 6 month or more without reasonable excuse
        
        respondent presumed dead
        
        petitioner suffered cruelty
        
        declaration of insanity for more than 3 years
        
        incurable habitual drunkard
        
        respondent undergoing imprisonment for more than 5 years
        
        respondent willfully refuse sexual intercourse
        
        petitioner suffered venereal disease
        
        respondent pregnant by some other person
  - - - recognise Chinese law and custom
      - marriage registration
        
        Every Chinese marriage must be registered within one month with the Registrar of the district in which husband lived
      - No marriage is valid unless the female was 15 and above
        
        case
        
        Loh Chai Ing v Lau Ing Ai
    - - mutual consent
      - desertion
      - failure of the husband to provide adequate maintanance
      - parties out of sympathy towards another
  - - - herd by Tuai Rumah
      - marriage establesh by ceremony Belah Pinang
      - marriage establish by a bam and a woman to live togeter for 7 days and night
    - - must inform Tuan Kampong
    - - dayak
        
        mutual consent
      - orang ulu
        
        mutual agreement by appearing before penghulu
- - - - age
        
        male 16 and above while female 14
      - consent of parents or guardian
      - kindred and affinity
      - avoidance of marriage by prior subsisting marriage
        
        monogamous
      - consent of the parties
  - - - requirement of witness
  - - - similar to peninsular
    - - among Dusun and Muruts there were eual rights allowing either husband and wife to divorce each other
    - - mutual consent