Bigamy In this case, if Jannette marries Kong Kali Kong who has already a subsisting marriage with Ah Moi,

then it will result in the offence of bigamy or could also be considered as polygamy. Under LRA, marriage is only monogamous and bigamy or polygamous marriage is considered void and illegal. LRA 1976 comes into effect on the 1st of March 1982. One of the most important provision that render the bigamy marriage in this case is section 69(a) : ...... at the time of the marriage either party was already lawfully married and the former husband or wife of such party was living at the time of the marriage and such former marriage was then in force; This has clearly stated that the contract of marriage is void ab initio if Kong Kali Kong has a valid subsisting marriage with Ah Moi. This is also supported by the case of Isabelle Madeline Roy & Ors v Sarimah Low bte Abdullah & Ors1 where the fact of the case is that the plaintiffs were the children of the deceased from his marriage with the first defendant. The deceased entered into a Christian monogamous marriage with the first defendant. However, when the marriage is subsisting and defendant was still alive, the deceased subsequently married the second defendant. There is no evidence the deceased divorced the first defendant. Faiza Tamby Chik J said that the court found that as long as there is no evidence that there is a divorce between the first defendant when the deceased entered into a marriage with the second defendant, the latter marriage is invalid under section 69(a) of the Law Reform Act 1976. The other section of the LRA that support the above provision is section 5(2) where it was stated that : Every person who on the appointed date is lawfully married under any law, religion, custom or usage to one or more spouses and who subsequently ceases to be married to such spouse or all such spouses, shall, if he thereafter marries again,be incapable during the continuance of that marriage of contracting a valid marriage with another person................. It is clearly stated that be incapable during the continuance of the marriage of contracting a valid marriage with another person......... . Hence, applying the concept in this case, the marriage of Jannette and Kong Kali Kong is void ab initio as if there is no such contract has been made supported by the provision at section 6(1) that every marriage contracted in contravention of section 5 shall be void. The consequence of a bigamy marriage is that it is deemed illegal under section 7(1) 2 which contain the clause stating that ... who continuance of such marriage purports to contract a marriage under any law, religion, custom or usage in contravention of section 5 shall be deemed to commit the offence of marrying again during........ within the meaning of section 494 of Penal Code.

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[2005] 2 MLJ 521 LRA 1976

The section 494 of the Penal Code stated that :............. Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife and whether such marriage has taken place within Malaysia........... shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine. Hence, it is clear that a bigamy marriage in this case is invalid and will subject to criminal charges under the Penal Code. The other consequences to a bigamy marriage is that the there is no legal status from the beginning as it is void ab initio. Jannette could not claim for the right over the property or asset of Kong Kali Kong and does not have the legal rights as a rightful spouse in petition of divorce or claim for maintenance sum. There is no valid legal status from initial.