Non-registration of a marriage does not render it invalid if customary rites are fulfilled, per sections 27 and 34 of the Law Reform Marriage and Divorce Act 1976.

RK Nathan J:

Application

This is an application by the plaintiff for the following orders:

(1) that her marriage to one Lau Yen Yoon (deceased) performed pursuant to Chinese customary rites be declared valid; (2) that she has a legal right to claim her share of the properties registered in both the names of the plaintiff and the deceased;

(3) that she has a legal right to make a claim over all properties registered in the name of the deceased;

(4) that she has a legal right to claim all properties jointly acquired during the life time of the deceased;

(5) that she has a legal right to claim all jewellery given to her as gifts during the wedding which are in the safe deposit box kept by the deceased in the bank; and

(6) such other relief as the court thinks fit and proper.

The Affidavits

In support of her application the plaintiff affirmed an affidavit (encl 2). She confirmed that she had married one Lau Yen Yoon (the deceased) according to Chinese customary rites on 19 November 1995. She was given gifts of jewellery during the wedding on 20 November 1995 which took place at Cha'ah, Johor Darul Takzim. After the wedding she lived with the deceased at No. 7, Jalan Pandan Indah 4/4, Taman Pandan Indah, Kuala Lumpur. She exhibited to her affidavit her wedding invitation card, wedding photographs of herself and the said deceased, and photographs taken at the wedding dinner. Amongst the many photographs exhibited was one taken of the defendant, the mother of the deceased, and another of her, mingling with the guests at the dinner. The plaintiff also exhibited her Statutory Declaration affirming her marriage to the deceased. In her affidavit she confirmed that there has been no proceedings so far to show that their relationship of husband and wife had ceased. She believed that their marriage was according to law. She and the deceased continued with their business which was carried on at No. 7, Jalan Pandan Indah 4/4, Taman Pandan Indah, Kuala Lumpur.

On 7 March 1999 at about 8.30am the deceased met with a motor accident and died the same day at the scene of the accident. The plaintiff exhibited the deceased's death certificate which incidentally showed the deceased's address as the same address given by the plaintiff. The deceased was buried in Johor. When she returned to her place of business on 26 April 1999 she found the same ransacked. She complained that she has been prevented by the defendant from entering the place of business. As the lawful wife of the deceased she claimed entitlement to all or a part of the assets, registered in the names of the deceased and herself or registered only in the name of the deceased. The assets she claimed entitlement to, included the business and the premises known as No. 7, Jalan Pandan Indah 4/4, Taman Pandan Indah, Kuala

Lumpur. She also claimed entitlement to all assets registered in the name of the deceased and presently in the possession of the deceased's relatives. This included the log book No. 4960451 for motorcycle WFM 986, motor insurance cover note in respect of the said motorcycle and she further listed numerous items in the affidavit.

In her reply, the defendant, who is the mother-in-law of the plaintiff, denied that the wedding dinner referred to by the plaintiff was to validate the marriage between the plaintiff and her son. She contended that even if there was such a dinner, the very fact that the marriage was not registered at the Registry of Marriages, showed that there could be no valid marriage between the plaintiff and her deceased son. She exhibited a computer search from the Registry of Marriages Malaysia to show that no such marriage between the plaintiff and her deceased son had been found to have been regis