21 Sept 2020
Loo Boo Cheai (No. K/P: 460712-07-5316) (Pentadbir Harta Pusaka Chan Kun Hong, Simati) 1. Chen Yuh Feng (No. Pasport China: 301332944) 2. Chan Hui Kiat No. K/P: 810424-07-5116) 3. Chan Hui Ling (No. K/P: 850301-07-5374)
- Citation
- W-02(NCVC)(W)-936-05/2019 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- W-02(NCVC)(W)-936-05/2019 (Mahkamah Rayuan)
The Court of Appeal held the disputed customary marriage, even if solemnised in 1978, was invalid ab initio because the deceased had previously contracted a monogamous statutory marriage under the Civil Marriage Ordinance 1952; subsection 4(1) CMO incapacitates a person married under CMO from contracting another valid marriage during its continuance, and section 4 of Act 164 only saves marriages that are valid under the law/custom under which they were solemnised, therefore the customary marriage could not be deemed registered and the respondents are not lawful widow/children entitled to inhe…