EFFECT OF MARRIAGE ON PERSONAL STATUS AND PROPERTY OF MARRIED WOMEN

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Presentation transcript:

EFFECT OF MARRIAGE ON PERSONAL STATUS AND PROPERTY OF MARRIED WOMEN

Maintenance during marriage torts Personal status criminal 3 broad aspects torts property criminal Maintenance during marriage

Common law Doctrine of unity Blackstone’s Commentaries on the Laws of England: “ By marriage, the husband and wife are one person in law; that the very being or legal existence of the woman is suspended during the marriage, or at least incorporated and consolidated into that of the husband; under whose wing, protection and covers she performs everything;…….” husband wife One legal entity

Removed in England by the Law Reform (Husband and Wife ) Act 1962. One legal entity ? ? ? ? ? ? ? ? Removed in England by the Law Reform (Husband and Wife ) Act 1962.

Position in malaysia Married Women Act 1957 Took effect on 1 August 1957 and was significantly amended in 1994. Section 1(2) Section 2 Section 3

Married women act 1957 criminal As in general (PC) Criminal s 9(3) (4) Personal status property Torts s 9(2) Ss 4(a), 5, 9(1) Teh Eng Kim (1977) 1 MLJ 234 Nagapushani v Neseratnam (1970) 2 MLJ 8 criminal torts s. 4 (b) (c ) (d) S. 4(a) + 9(2) s.6 Faridah Dato’ Talib v Mohammed Habibullah (1990 )1 MLJ 174 Yeo Bee Lin v Lee Eng Chee (2004) 1 CLJ 691 As in general (PC)