Tan Ah Thee (administrators of the estate of Tan Kiam Poh (alias Tan Gna Chua), deceased) v Lim Soo Fong [2009] SGHC 101

Outcome: Appeal allowed in part

Facts

1 During his lifetime, the deceased was married to the plaintiffs’ mother, and after her death, to the defendant. Under the Intestate Succession Act (“ISA”), the defendant would be entitled to half of the deceased’s estate as his spouse. The plaintiffs, who were administrators of the deceased’s estate, sought a declaration that there was no valid marriage between the deceased and the defendant, or that the marriage was null and void. Both the plaintiffs and defendant filed appeals against the Assistant Registrar’s decision striking out the part of the plaintiffs’ action based on non-consummation.

Court’s Decision:

2 The Court of Appeal allowed the appeal by striking out the plaintiffs’ statement of claim, and dismissed their claim with costs.

3 A void marriage is one that is regarded as never having taken place, and can be treated as so by both parties without any order annulling the marriage. Any person having sufficient interest can seek an order that the marriage is void, which is in essence a declaration that no marriage had come into existence, at any time even after the death of one or both parties. A voidable marriage is regarded as valid and subsisting until an order annulling the marriage is made, and can only be applied for by one of the parties during both parties’ lifetime: at [22].

4 Non-consummation and lack of valid consent are grounds for a voidable marriage under s 106 of the Women’s Charter, but not for finding a marriage void under s 105 of the Women’s Charter: at [23] and [33].

5 Under s 110(2) of the Women’s Charter, a judgment of nullity in respect of a voidable marriage only operates from the time the judgment is made final. At the time of the deceased’s death, there was no judgment of nullity, hence the defendant was the deceased’s wife by the meaning of the ISA. Additionally, the marriage between the deceased and defendant had already been dissolved by the deceased’s death (see s 7(a) of the Women’s Charter), hence there was no marriage in existence to be declared void: at [30] and [31].

6 Marriage for improper motives (“sham marriage”) is not a ground for annulling a marriage under s 105 of the Women’s Charter. The law desists from identifying the “proper” motives of marriage, and does not allow parties’ private motives to undermine the validity of the marriage. Even if the defendant’s reasons for entering the marriage can be proved, they are irrelevant in considering whether the marriage is valid or not: at [55] to [57].

The full text of the decision can be found here.


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