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marital rights

Lai Hen Beng v Public Prosecutor [2024]

In the case Lai Hen Beng v Public Prosecutor [2024], the appellant was charged in the magistrate’s court under section 498 of the Penal Code, which criminalized enticing or taking away another man’s wife for illicit sexual intercourse. He argued that section 498 was unconstitutional for violating Articles 8(1) and 8(2) of the Federal Constitution, as it treated women as the property of their husbands and denied wives equal legal recourse if their husbands were enticed away.

NJA 2017 s. 168

NJA 2017 p. 168 was about the enforceability of a mahr agreement (Islamic bridal gift) entered into in Iran at the time of marriage. Under the agreement, the husband undertook to pay a significant sum to the wife upon her request. After the couple established residence in Sweden, the issue arose whether the agreement was valid under Swedish law. The District Court initially recognized the mahr as enforceable. However, the Supreme Court ruled otherwise, holding that Swedish law governing matrimonial property relations did not recognize the mahr agreement.

Singh v. State of U.P. & Another

A man and woman of different castes married against the wishes of the woman’s brothers. The brothers lodged false criminal complaints against the husband and his family and claimed the woman was mentally unfit, leading to her wrongful committal. The husband’s family sought relief before the High Court, which directed them to appear before a sessions judge to determine possible criminal liability.

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