UFL1612: Family Law

Ms. Julia Farhana binti Rosemadi

Topic: Effects of Marriages on Status and Property

1. Discuss the effects of the rights and liabilities of a married woman under the Married
Woman Act 1957 in relation to property.
Intro- Position of married woman before the enactment of Married Women Act- Married
woman cannot own any property.
Contents
Effect
S5- property belong to married woman– feme sole
S8- property transferred- in name of his wife- prevent creditors
S9(1) can sue- property
S9(2) spouse may sue each other
S9(3)- criminal charge- property- property hers
S9(4)- protection of property
- husband, wife living together- no criminal proceedings
- living apart, act complaint occurred- living together- no criminal proceedings
- desert, about to dessert- criminal proceedings
- living apart- criminal proceedings

Case: Chin Shak Len v Lin Fah

Gift to wife then its belong to the wife

S11- dispute title of property

Conclusion

2. Sherry and Bobby have recently married. After their marriage, Sherry found out that
Bobby is a gambler and always asks for money from her whenever he went out for
gambling. One day, Sherry realised that her wedding ring went missing. When Sherry
confronted Bobby, he said that he had used the wedding ring for gambling. He
claimed that he has the right to the wedding ring as he had used up his own money to
buy the wedding ring for Sherry. Sherry was frustrated and asked Bobby to bring back
 her wedding ring, but Bobby refused. A fight ensued between them. As a result,
Sherry was beaten up until she passed out. Sherry left their matrimonial home soon
after. Assess the legal action that Sherry may take against Bobby. Would your answer
be different if the act of Bobby taking the wedding ring and fight occurred after
Bobby deserted Sherry?

Issue: Whether Sherry has the right over the wedding ring.
S5- feme sole
Apply: he said that he had used the wedding ring for gambling. He claimed that he has the
right to the wedding ring as he had used up his own money to buy the wedding ring for
Sherry. – Although Bobby bought the ring using his own money, the wedding ring is a gift to
Sherry. By virtue of S5 of MWA, the property of a married woman will belong to her.
Issue: Whether Sherry may take legal action against Bobby- for taking wedding ring
S9(1)- protection of property
S9(2)- spouse may sue each other- protection of property
-assume Sherry may sue Bobby, her spouse in protection of the wedding ring
S9(4)- protection of property
- husband, wife living together- no criminal proceedings
Case: Re Ketuna Bibi
Apply: No criminal proceeding as thy are living together

Issue: Whether Sherry may take action against Bobby for the fight
S4(a)- sue each other- spouse- injury
Case: Faridah- now amended
Apply: A fight ensued between them. As a result, Sherry was beaten up until she passed out. -
Apply whether Sherry may sue
Conclusion

Issue: Whether Sherry may sue Bobby if the act of taking the wedding ring and the fight
occurred after Bobby deserted Sherry.
S9(4)- diserted or about to diserted- can sue on criminal proceeding
Case: Re Ketuna Bibi- contrast with the application
Apply: Sherry may take action against Bobby by virtue of S9(4) since the provision allows
the spouse to sue if one of the spouse deserted the other spouse
Conclusion