PEMPETISYEN W E I

PEMPETISYEN W E I

The Second Marriage was void ab initio under section 69(a) because the Petitioner remained lawfully married to his first wife at the time of the Second Marriage; accordingly the court must pronounce a decree of nullity under section 73, and the Petitioner’s conduct amounted to bigamy under sections 5 and 7 of the Law Reform (Marriage & Divorce) Act and section 494 of the Penal Code.

Citation
WA-33-373-08/2024 (Mahkamah Tinggi)
Parties
Petitioner: WEI; Respondent: MEI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 September 2024
Case Number
WA-33-373-08/2024 (Mahkamah Tinggi)
Procedural Posture
Nullity Petition / Judgment
Outcome
Petition allowed; decree of nullity pronounced
Legal Topics
Nullity of Marriage, Bigamy, Annulment Petition, Law Reform (marriage & Divorce) Act 1976, Penal Code Section 494
Source Language
Malay/English
Family Law Criminal Law Nullity of Marriage Bigamy Annulment Petition Law Reform (marriage & Divorce) Act 1976 Penal Code Section 494

Case Brief

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Parties

WEI

Petitioner

MEI

Respondent

Procedural Posture

Nullity Petition / Judgment

Legal Issues

  1. 1 Whether the Second Marriage was void ab initio under section 69(a) because the Petitioner was lawfully married to a first wife when the Second Marriage was registered
  2. 2 Whether a formal decree of nullity must be pronounced despite the marriage being void ab initio (section 73)
  3. 3 Whether the Petitioner committed the criminal offence of bigamy under sections 5 and 7 of the Law Reform (Marriage & Divorce) Act and section 494 of the Penal Code

Ratio Decidendi

The Second Marriage was void ab initio under section 69(a) because the Petitioner remained lawfully married to his first wife at the time of the Second Marriage; accordingly the court must pronounce a decree of nullity under section 73, and the Petitioner’s conduct amounted to bigamy under sections 5 and 7 of the Law Reform (Marriage & Divorce) Act and section 494 of the Penal Code.

Court Disposition

Petition allowed; decree of nullity pronounced

Orders

  • Decree of nullity pronounced declaring the Second Marriage void ab initio.
  • Petitioner expressly cautioned that his conduct constituted the offence of bigamy under the Law Reform (Marriage & Divorce) Act and Penal Code (no criminal determination recorded).