In Malaysia, Section 70 of Law Reform (Marriage and Divorce) Act 1976 stated

that where a marriage which takes place after the appointed date shall be voidable on
the six grounds. It means that the party may apply the petition from the court for
voidable marriage if those grounds had been fulfilling. Voidable marriage enables the
party to affirm their relationship as they apply the petition from the court when they
face these six situations. However, we think that not all of the six grounds are needed
for voidable marriage but only some are required in Malaysia as the result will
automatically be void when some unlawful acts had been conducted in the marriage.
The first ground for voidable marriage stated in Section 70(a) Law Reform (Marriage
and Divorce) Act 1976 is the marriage has not been consummated owing to the
incapacity of either party to consummate it. In our opinion, this ground should be
remained in Malaysia as the decree by the court is one and the only way which will
effective to resolve the dispute regarding incapacity of marriage. Incapacity in this
section can be interpret in the meaning of lesbian, gay, bisexual, and transgender
marriage. Besides, it may also be interpreting as the meaning of the husband is sterile
or the woman is barren. If both of the parties is unproductive or does not have normal
sexuality with each other, it does not mean that they are not eligible to marry. They may
live together without any child or adopt a child if they can accept it. A valid marriage
does not mean that it must have sex with each other. Sexuality is not legally binding in
the marriage contracts in Malaysia. They can marriage and continue their two-people-
world if they enjoy with that moment. If one party does not accept or consent with it, it
may arise a dispute between the parties. As there is not law stated that a marriage
without sexuality or child will be unlawful, which means that the marriage will not be
void automatically if they face these problems. Thus, the one and the only way to
determine whether the marriage is void which applies the petition from the court and
let the court decided the decree of a voidable marriage. Therefore, we think that this
ground of voidable marriage should not be abolished in Malaysia.

The second ground stated in Section 70(b) of Law Reform (Marriage and
Divorce) Act 1976 is that the marriage has not been consummated owing to the wilful
refusal of the respondent to consummate it. It means that either party refuses to have a
sexual relationship after their marriage. The party refuses to have sexual relations after
marriage means that they had consented to marriage before it. In Malaysia, Section 22(6)
of Law Reform (Marriage and Divorce) Act 1976 stated that a valid marriage needed
the consented of both parties. Once they consented to the marriage, they are counted as
lawful and valid husband and wife in the eyes of law. Thus, they cannot say that the
marriage is void by themselves merely that one of the parties refused to consummated
with other parties. This is because there was no law stated that sexual intercourse is
legally binding and is a must for husband and wife and there will be punished if they
refused to occur sexual intercourse after marriage. However, the best way for them to
decide whether the marriage is voidable is letting the court to decide as it is a
professional legal association. Moreover, in Malaysian Stand on Legitimation, this
ground can also be understanding as refuse to conduct marriage according to customs
and religion if read with Section 75 of Law Reform. In this interpretation, voidable
marriage can be abolished as not consent was acquired between the parties for their
marriage ceremony was deemed as void from the beginning. This is because the valid
marriage required a ceremony no matter through religion or own customary. If they do
not even conduct the wedding ceremony, it means that there is not marriage that exists
from the beginning which also can be known as void.

Thirdly, Section 70(c) of Law Reform (Marriage and Divorce) Act 1976 stated
that either party to the marriage did not validly consent to it, whether in consequence
of duress, mistake, unsoundness of mind or otherwise. In our opinion, this ground is
reasonable to abolished as mutual consent is a general rule for a valid marriage. If there
is no mutual consent between the parties, the marriage will automatically become void.
Thus, the party needs not to apply from the court which will waste their time and money
to apply the petition of court. Besides, a marriage which conducted under duress,
mistake, unsoundness of mind can be known as voidable marriage can remain as the
party may be confused or can’t affirm whether their marriage is actually conducted
under duress, mistake or the party is unsoundness mind when entering into the marriage
contract. This may happen because the party may lie and don’t acknowledge his or her
actions if they found that they it will not beneficiary to them. Thus, they may find a
lawyer and apply it to the court to hear the decision from the court. It will not be void
from the very beginning is because the party only made their mistake or notice they
were being foolish or cheated by other parties after they enter their marriage contract.
The court then will investigate whether the marriage was voidable marriage and if the
marriage is voidable, the court will grant the decree for the petitioner. Thus, the
petitioner can choose whether he or she wants to forgive and accept others party and
continue their marriage contract or intend to discharged from the contract.

The next ground stated in Section 70(d) of Law Reform (Marriage and Divorce)
Act 1976 is at the time of the marriage either party, though capable of giving a valid
consent, was whether continuously or intermittently a mentally disordered person
within the meaning of the Mental Disorders Ordinance 1952 of such a kind or to such
an extent as to be unfit for marriage. This ground may be also being abolished as it is
also a general rule for the valid marriage as the person who is mentally disordered does
not have the capacity to enter into the marriage contract. Thus, all of the contract enter
by them will automatically become void no matter what category of contract which
does not required a trial from court.

Furthermore, the fifth ground in Section 70(e) of Law Reform (Marriage and
Divorce) Act 1976 stated that the marriage is voidable at the time of the marriage the
respondent was suffering from venereal disease in a communicable form. In our opinion,
this ground should not be abolished as the venereal disease normally will only be
discovered when they started to consummate after their marriage. In these situations, if
the party really love each other, they may not consummate in their future life and adopt
the child together. However, if one of the parties can’t accept marriage life without
consummating, they may apply from the court and determine whether it is a voidable
marriage.

The last grounds for voidable marriage that at the time of the marriage the
respondent was pregnant by some person other than the petitioner. This ground may
not need to abolish. This is because there will be many situations if the child is other
than the petitioner. Firstly, it may be the husband is unproductive and cause the wife
need to borrow the sperm from another man and pregnant which already acquired the
consent from the husband before they have a dispute in their marriages. The second
situation is the husband may also know the existence of the children as they having
their second marriage with bringing their child together which belongs to their previous
marriage and they will use the children as the dispute to apply the petition of discharged
of marriage if they met a problem in their marriage. Thus, children who are innocent
will become orphans as their parents will not be responsible for their children's daily
lifestyle. Thus, they may apply from the court for determining whether the marriage is
voidable. The court must make sure that the husband does not have any idea about the
existence of a child after their marriage and he will refuse to enter into the marriage
contract if he knew the fact.

Voidable marriage has its own advantages and disadvantages. Some grounds
which are unnecessarily could be abolished as it may only inconvenience for the party
who intend to divorce which not only will waste their time to attend trial in court but
also will waste their money to find a lawyer apply a petition from court while several
grounds which will bring benefit for the parties should remain as it will decrease the
percentage of divorce and the law will become smother in Malaysia.