Wife can’t claim dependency due to unregistered marriage, court rules

The court has ruled that a wife is not eligle for dependency claims because her marriage was unregistered. – AFP Relaxnews filepic, October 27, 2015.

The Court of Appeal has ruled that a non-Muslim wife, who was married according to customary rites but failed to register the union, is not entitled to dependency claims following the death of her husband in a road accident.

The appellate court's decision yesterday held that Dee Bee Yoke was not a lawful wife for failing to register her marriage with businessman Low Chin Wee.

"She is not a wife within the meaning of the Law Reform (Marriage and Divorce) Act 1976. So, she is not entitled to loss of dependency," the court's three-man bench chaired by Datuk Mohd Zawawi Salleh said.

The appeal was filed by Dee and her mother-in-law, Tee Geok Hong's appeal.

Low, who was driving a four-wheel drive, and his father were involved in an accident with another vehicle driven by Nick Abu Dasuki Abu Hassan at Km69 Jalan Klang-Teluk Intan on December 11, 2010.

Low and his father died at the scene while two others also in the vehicle, Tan Siew Sen and Lim Chui Ban, survived.

Dee and Tee filed a dependency claim against Nick Abu and Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd.

The Sessions Court awarded Dee RM153,600 while Tee was given RM10,000 for bereavement.

However, the High Court early this year set aside the claim because there was a Federal Court ruling in 2004, which held that non-Muslim marriages must be registered as required under the law.

The appellate court's ruling is a departure from another Court of Appeal decision in 2001, which had held that a spouse was entitled to a dependency claim, even though the marriage was not registered.

Datuk Harpal Singh Grewal, who represented Dee and Tee, had said marriages made via customary rites were valid and should be recognised.

However, counsel Ruben Netto, who represented Nick Abu, said this court should adopt the 2004 Federal Court ruling, although a written judgment was not made available.

Lawyer Balwant Singh Sidhu, who appeared for the Malaysian Bar as friend of the court, said previous legal pronouncements of the court had stated non-Muslim marriages must be registered as required under the law.

-TMI