Women’s Charter (Amendment) Bill

Bill No. 46/1966

Read the first time on 26th October 1966.

An Act to amend the Women’s Charter, 1961 (No. 18 of 1961).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title

1. This Act may be cited as the Women’s Charter (Amendment) Act, 1966.

Amendment of section 2

2. Section 2 of the Women’s Charter, 1961 (hereinafter in this Act referred to as “the Ordinance”) is hereby amended —

(a)

by inserting immediately after the definition of “Director” appearing therein the following new definition: —

“ “married woman” means a woman validly married under any law, religion, custom or usage;”; and

(b)

by inserting immediately after the definition of “Registrar” appearing therein the following new definition: —

“ “solemnization”, with its grammatical variations and cognate expressions, includes the contracting of a marriage or effecting a marriage in accordance with the law, religion, custom or usage of the parties or any of the parties thereto;”.

Amendment of section 3

3. Section 3 of the Ordinance is hereby amended —

(a)

by deleting the expression “Subject to the provisions of subsection (2) of this section” appearing at the beginning of subsection (1) thereof and substituting therefor the words “Save as is otherwise expressly provided”;

(b)

by deleting the word “resident” appearing in the second and third lines of subsection (1) thereof;

(c)

by deleting the expression “section 166” appearing in the first line of subsection (2) thereof and substituting therefor the expression “sections 166 and 166A”;

(d)

by substituting a colon for the full-stop appearing at the end of subsection (2) thereof and by adding thereto the following proviso: —

“Provided that the provisions of sections 4, 5 and 6 of this Ordinance shall apply to any person who contracts or purports to contract any such marriage during the subsistence of a marriage registered or deemed to be registered under the provisions of this Ordinance or which was contracted under a law providing that or in contemplation of which the marriage is monogamous.”; and

(e)

by deleting the words “one of the parties to which is a Muslim” appearing in the first line of subsection (3) thereof and substituting therefor the words “both of the parties to which are Muslims”.

Amendment of section 4

4. Section 4 of the Ordinance is hereby amended —

(a)

by deleting the expression “2nd day of March, 196l,” wherever it appears therein and substituting therefor the words “date of the coming into operation of this Ordinance”; and

(b)

by inserting immediately after subsection (3) thereof the following new subsection: —

“(4) Nothing in this section shall affect the operation of Part III of this Ordinance in relation to marriages solemnized in Singapore after the date of the coming into operation of this Ordinance.”.

Amendment of section 5

5. Section 5 of the Ordinance is hereby amended —

(a)

by deleting the word “invalid” appearing at the end of subsection (1) thereof and in the marginal note thereto and substituting therefor in each case the word “void”; and

(b)

by deleting subsection (2) thereof and substituting therefor the following: —

“(2) If any male person lawfully married under any law, religion, custom or usage shall during the continuance of such marriage contract a union with a woman, such woman shall have no right of succession or inheritance on the death intestate of such male person.”.

Amendment of section 7

6. Section 7 of the Ordinance is hereby amended —

(a)	by inserting immediately after the word “Ordinance” appearing in the second line thereof the words “other than a marriage which is void under the provisions of this Ordinance”; and
(b)	by deleting the words “or invalid” appearing at the end of paragraph (c) thereof.

Amendment of section 9

7. Section 9 of the Ordinance is hereby amended —

(a)	by deleting the words “under this Part of this Ordinance” appearing in the first and second lines thereof and substituting therefor the words “in Singapore”; and
(b)	by deleting the word “invalid” appearing in the second line thereof and substituting therefor the word “void”.

Amendment of section 10

8. Section 10 of the Ordinance is hereby amended —

(a)	by deleting the expression “Part I of” appearing in the second line of subsection (1) thereof;
(b)	by deleting the expression “Part I” appearing in the last line of subsection (1) thereof and substituting therefor the word “Schedule”; and
(c)	by deleting subsections (2), (3) and (4) thereof and by renumbering subsection (5) thereof as subsection (2).

Amendment of section 11

9. Section 11 of the Ordinance is hereby amended —

(a)	by deleting the words “under this Part of this Ordinance” appearing in the first and second lines thereof and substituting therefor the words “in Singapore”; and
(b)	by deleting the word “invalid” appearing in the second line thereof and substituting therefor the word “void”.

Amendment of section 13

10. Section 13 of the Ordinance is hereby amended —

(a)	by deleting the words “under the provisions of this Part of this Ordinance” appearing in the first and second lines thereof and substituting therefor the words “in Singapore”; and
(b)	by deleting the words “a Registrar” appearing in the third line thereof and substituting therefor the words “the Registrar”.

Amendment of section 16

11. Section 16 of the Ordinance is hereby amended by deleting the words “granting of the certificate” appearing in the third line of paragraph (a) of the proviso thereto and substituting therefor the words “date of the notice”.

Amendment of section 21

12. Section 21 of the Ordinance is hereby amended by deleting subsection (1) thereof and substituting therefor the following: —

“(1) Every marriage purported to be solemnized in Singapore shall be void unless a certificate for marriage or a licence authorising the marriage has been obtained from the Registrar.”.

Amendment of section 28

13. Subsection (1) of section 28 of the Ordinance is hereby amended —

(a)	by deleting the words “solemnized by a person other than” appearing in the first and second lines thereof and substituting therefor the words “not solemnized by”; and
(b)	by deleting the words “seven days” appearing in paragraph (a) thereof and substituting therefor the words “one month”.

Amendment of section 29

14. Section 29 of the Ordinance is hereby amended by deleting the words “within three months from the date of such marriage” appearing at the end thereof and substituting therefor the words “on payment of such penalty as may be prescribed”.

Amendment of section 38

15. Section 38 of the Ordinance is hereby amended by inserting immediately after the word “solemnizes” appearing in the second line thereof the words “or purports to solemnize”.

Amendment of section 39

16. Section 39 of the Ordinance is hereby amended —

(a)

by inserting immediately after the word “solemnizes” appearing in the second line of subsection (1) thereof the words “or purports to solemnize or officiates at”; and

(b)

by inserting immediately after subsection (2) thereof the following new subsection: —

“(3) Any person who marries or purports to marry or goes through a form of marriage with any person contrary to any of the provisions of Part III of this Ordinance shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years and shall also be liable to a fine not exceeding five thousand dollars.”.

Amendment of section 41

17. Section 41 of the Ordinance is hereby amended by deleting the expression “given within the space of three years after the offence was committed or, in the case of a continuing offence, commenced” appearing at the end thereof.

Repeal and re-enactment of section 47

18. Section 47 of the Ordinance is hereby repealed and the following substituted therefor: —

“Capacity of married women

47. Subject to the provisions of this Ordinance, a married woman shall —

(a)	be capable of acquiring, holding and disposing of, any property;
(b)	be capable of rendering herself, and being rendered, liable in respect of any tort, contract, debt or obligation;
(c)	be capable of suing and being sued in her own name either in tort or in contract or otherwise and shall be entitled to all remedies and redress for all purposes; and
(d)	be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,

in all respects as if she were a feme sole.”.

Amendment of section 48

19. Section 48 of the Ordinance is hereby amended by deleting subsection (1) thereof and substituting therefor the following: —

“(1) Subject to the provisions of this Ordinance, all property which —

(a)	immediately before the date of the coming into operation of this Ordinance was the property (including the separate property) of a married woman or held for her separate use in equity; or
(b)	belongs at the time of her marriage to a woman married after the date of the coming into operation of this Ordinance; or
(c)	after the date of the coming into operation of this Ordinance is acquired by or devolves upon a married woman,

shall belong to her in all respects as if she were a feme sole and may be disposed of accordingly:

Provided that nothing in this subsection shall —

(i)	be construed as affecting adversely the right of any married woman to any property which she had immediately before the date of the coming into operation of this Ordinance; or
(ii)	interfere with or render inoperative any valid restriction upon anticipation or alienation attached to the enjoyment of any property by virtue of any provision contained in any written law in force immediately before the date of the coming into operation of this Ordinance, or in any instrument executed before such date.”.

Repeal and re-enactment of section 50

20. Section 50 of the Ordinance is hereby repealed and the following substituted therefor: —

“Money and property derived from house-keeping allowance

50. If any question arises as to the right of a husband or wife to money derived from any allowance made by the husband for the expenses of the matrimonial home or for similar purposes, or to any property acquired out of such money, the money or property shall, in the absence of any agreement between them to the contrary, be treated as belonging to the husband and the wife in equal shares. ”.

Amendment of section 52

21. Section 52 of the Ordinance is hereby amended —

(a)

by deleting the word “woman” appearing in the first line of subsection (1) thereof and substituting therefor the words “married woman”;

(b)

by deleting the word “separate” appearing in the sixth line of subsection (1) thereof, and in the marginal note thereto;

(c)

by deleting the expression “, but, except as aforesaid, no husband or wife shall be entitled to sue the other for a tort” appearing at the end of subsection (1) thereof; and

(d)

by deleting subsection (3) thereof and substituting therefor the following: —

“(3) No criminal proceeding shall be taken against a husband or wife while they are living together as to or concerning any property claimed by her or him respectively nor while they are living apart as to or concerning any act done by the husband or wife while they were living together concerning property claimed by the wife or husband respectively unless such property has been wrongly taken by the husband or wife when leaving or deserting or about to leave or desert the wife or husband respectively.”.

Amendment of section 53

22. Section 53 of the Ordinance is hereby amended —

(a)	by deleting the words “in respect and to the extent of her separate property” appearing in the second and third lines of subsection (1) thereof; and
(b)	by deleting subsections (3) and (4) thereof.

Repeal and re-enactment of section 54

23. Section 54 of the Ordinance is hereby repealed and the following substituted therefor: —

“Actions in tort between husband and wife

54.—(1) Subject to the provisions of this section, each of the parties to a marriage shall have the like right of action in tort against the other as if they were not married.

(2) Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may stay the action if it appears —

(a)	that no substantial benefit would accrue to either party from the continuation of the proceedings; or
(b)	that the question or questions in issue could more conveniently be disposed of on an application made under section 57 of this Ordinance,

and without prejudice to paragraph (b) of this subsection the court may, in such an action, either exercise any power which could be exercised on an application under section 57 of this Ordinance, or give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.”.

Repeal of sections 55 and 56

24. Sections 55 and 56 of the Ordinance are hereby repealed.

Amendment of section 60

25. Section 60 of the Ordinance is hereby amended by deleting the word “separate” appearing in the third line thereof.

Amendment of section 80

26. Section 80 of the Ordinance is hereby amended by inserting immediately before the definition of “the court” appearing therein the following new definition: —

“ “child of the marriage” means any child of the husband and wife; and includes any adopted child and any other child (whether or not a child of the husband or of the wife) who was a member of the family of the husband and wife at the time when they ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred; and for the purposes of this definition, the parties to a purported marriage that is void shall be deemed to be husband and wife;”.

Amendment of section 82

27. Subsection (2) of section 82 of the Ordinance is hereby amended by deleting paragraph (c) thereof and substituting therefor the following: —

“(c)	where both the parties to the marriage reside in Singapore at the time of the commencement of the proceedings.”.

Amendment of section 84

28. Section 84 of the Ordinance is hereby amended —

(a)

by deleting the full-stop appearing at the end of paragraph (d) of subsection (1) thereof and substituting therefor the expression “; or”;

(b)

by adding immediately after paragraph (d) of subsection (1) thereof the following new paragraph: —

“(e)	has lived separately from the petitioner for a period of not less than seven years immediately preceding the presentation of the petition and is unlikely to be reconciled with him.”;

(c)

by deleting the full-stop appearing at the end of paragraph (f) of subsection (2) thereof and substituting therefor the expression “; or”;

(d)

by adding immediately after paragraph (f) of subsection (2) thereof the following new paragraph: —

“(g)	has lived separately from the petitioner for a period of not less than seven years immediately preceding the presentation of the petition and is unlikely to be reconciled with her.”; and

(e)

by inserting immediately after subsection (5) thereof the following new subsection: —

“(6) In calculating for the purposes of subsection (1) or (2) of this section, the period for which the respondent has deserted the petitioner without cause, and in considering whether such desertion has been continuous, no account shall be taken of any one period (not exceeding three months) during which the parties resumed cohabitation with a view to a reconciliation.”.

Amendment of section 86

29. Section 86 of the Ordinance is hereby amended —

(a)

by deleting the expression “; and” appearing at the end of paragraph (b) of subsection (2) thereof and substituting therefor a comma;

(b)

by deleting paragraph (c) of subsection (2) thereof;

(c)

by deleting the proviso to subsection (2) thereof and substituting therefor the following: —

“Provided that the court shall not be bound to pronounce a decree of divorce and may dismiss the petition —

(a)	if the court finds that the petition is presented or prosecuted in collusion with the respondent or either of the respondents; or

(b)	if the court finds that the petitioner has during the marriage been guilty of adultery; or

(c)	if, in the opinion of the court, the petitioner has been guilty —

(i)	of unreasonable delay in presenting or prosecuting the petition; or

(ii)	of cruelty towards the other party to the marriage; or

(iii)

where the ground of the petition is adultery or cruelty, of having without reasonable excuse deserted, or having without reasonable excuse wilfully separated himself or herself from the other party before the adultery or cruelty complained of; or

(iv)	where the ground of the petition is adultery or unsoundness of mind or desertion, of such wilful neglect or misconduct as has conduced to the adultery or unsoundness of mind or desertion.”; and

(d)

by inserting immediately after subsection (2) thereof the following new subsections: —

“(3) Nothing in subsection (2) of this section shall affect the duty of the court to inquire whether any collusion exists between the parties or any duty of the parties to disclose to the court any agreement or arrangement made between them in contemplation of or in connection with the proceedings, or any power or duty of the Attorney-General under this Part of this Ordinance.

(4) Provision may be made by Rules of Court for enabling the court, upon application made either before or after the presentation of a petition of divorce, to take into consideration for the purpose of this section, any agreement or arrangement made or proposed to be made between the parties and to give such directions in the matter as the court thinks fit.”.

New section 86A

30. The Ordinance is hereby amended by inserting immediately after section 86 thereof the following new section: —

“Reconciliation

86A.—(1) It shall be the duty of the court in which a petition for divorce or judicial separation has been instituted to give consideration, from time to time, to the possibility of a reconciliation of the parties to the marriage (unless the proceedings are of such a nature that it would not be appropriate to do so), and if at any time it appears to the Judge constituting the court, either from the nature of the case, the evidence in the proceedings or the attitude of the parties or of either of them that there is a reasonable possibility of such a reconciliation, the Judge may do all or any of the following: —

(a)	to adjourn the proceedings to afford the parties the opportunity of being reconciled or to enable anything to be done in accordance with either paragraph (b) or (c) of this subsection;
(b)	with the consent of the parties, interview them in Chambers, with or without their solicitors, as the court thinks proper, with a view to effecting a reconciliation; and
(c)	nominate a Conciliation Officer to endeavour to effect a reconciliation.

(2) If, not less than fourteen days after an adjournment under subsection (1) of this section has taken place, either of the parties to the marriage requests that the hearing be proceeded with, the Judge shall resume the hearing, or arrangements shall be made for the proceedings to be dealt with by another Judge, as the case requires, as soon as practicable.

(3) Where a Judge has acted as conciliator under paragraph (b) of subsection (1) of this section but the attempt to effect a reconciliation has failed, the Judge shall not, except at the request of the parties to the proceedings, continue to hear the proceedings, or determine the proceedings, and, in the absence of such a request, arrangements shall be made for the proceedings to be dealt with by another Judge.

(4) Evidence of anything said or of any admission made in the course of an endeavour to effect a reconciliation under this section shall not be admissible in any court.”.

Amendment of section 87

31. Section 87 of the Ordinance is hereby amended —

(a)

by renumbering the existing section as subsection. (1); and

(b)

by adding thereto the following new subsections: —

“(2) Any presumption of condonation which arises from the continuance or resumption of conjugal cohabitation may be rebutted on the part of a husband, as well as on the part of the wife, by evidence sufficient to negative the necessary intent.

(3) In any proceedings under this Part of this Ordinance in which it is alleged that one of the parties has committed adultery or treated the other with cruelty, the court shall not dismiss the petition on the ground that the adultery or cruelty had been condoned if it is proved that —

(a)	the husband or wife continued or resumed cohabitation in an attempt to effect a reconciliation; and
(b)	such cohabitation subsisted for not longer than three months.

(4) Adultery which is not condoned shall not be capable of being revived.”.

Amendment of section 92

32. Section 92 of the Ordinance is hereby amended —

(a)	by deleting subsection (3) thereof; and
(b)	by renumbering subsection (4) thereof as subsection (3).

Repeal and re-enactment of section 94

33. Section 94 of the Ordinance is hereby repealed and the following substituted therefor: —

“Legitimacy of children of annulled marriages

94. Where a marriage is annulled, any child who would have been the legitimate child of the parties to the marriage if it had been dissolved, instead of being annulled, at the date of the decree shall be deemed to be their legitimate child, notwithstanding the annulment. ”.

New section 112A

34. The Ordinance is hereby amended by inserting immediately after section 112 thereof the following new section: —

“Arrangements for welfare of children

112A.—(1) Subject to the provisions of this section, in any proceedings for divorce, nullity of marriage or judicial separation, the court shall not make absolute any decree for divorce or nullity of marriage or pronounce a decree of judicial separation unless and until the court is satisfied as respects every child of the marriage who has not attained the age of sixteen years —

(a)	that arrangements have been made for the care and upbringing of the child and those arrangements are satisfactory or are the best which can be devised in the circumstances; or
(b)	that it is impracticable for the party or parties appearing before the court to make any such arrangements.

(2) The court may if it thinks fit proceed without observing the requirements of subsection (1) of this section if it appears that there are circumstances making it desirable that the decree nisi be made absolute or, as the case may be, that the decree for judicial separation should be pronounced without delay, and if the court has obtained a satisfactory undertaking for either or both of the parties to bring the question of the arrangements for the children before the court within a specified time.”.

Amendment of section 113

35. Section 113 of the Ordinance is hereby amended —

(a)	by deleting the expression “minor children, the marriage of whose parents is the subject of such suit,” appearing in the sixth and seventh lines of subsection (1) thereof and substituting therefor the words “minor children of the marriage”; and
(b)	by inserting immediately after the word “children” appearing in the fifth line of subsection (2) thereof the words “of the marriage”.

Amendment of section 122

36. Section 122 of the Ordinance is hereby amended by deleting the words “Yang di-Pertuan Agong” wherever they appear therein, including the marginal note thereto, and substituting therefor the words “Judicial Committee of the Privy Council”.

Amendment of section 123

37. Section 123 of the Ordinance is hereby amended by deleting the words “Yang di-Pertuan Agong” appearing in the second line thereof and substituting therefor the words “Judicial Committee of the Privy Council”.

Amendment of section 126

38. Section 126 of the Ordinance is hereby amended —

(a)	by inserting immediately after the word “domiciled” appearing in the fourth line of subsection (1) thereof the words “or resident”; and
(b)	by inserting immediately after the word “domiciled” appearing in the last line of subsection (2) thereof the words “or resident”; and
(c)	by deleting the expression “the Banishment Ordinance or the Banishment Ordinance, 1959, of the Federation” appearing at the end of subsection (3) thereof and substituting therefor the words “any written law for the time being in force in Singapore”; and
(d)	by deleting the marginal note “Cap. 127.” to subsection (3) thereof.

Amendment of section 164

39. Section 164 of the Ordinance is hereby amended by inserting immediately after subsection (3) thereof the following new subsections: —

“(4) The Discharge Committee shall review all cases of women and girls when they have been detained for six months, and may, after such review, recommend to the Director that any child or young person shall be discharged or released on conditional parole licence.

(5) The Director on the advice of the Discharge Committee and notwithstanding any order made by any court, shall have power to order the discharge or the release on parole licence of any woman or girl who has been detained in a place of safety for six months, at any time before the completion of her full period of detention and on such conditions as may be stated by him in such order.

(6) Any woman or girl released from a place of safety on conditional parole licence by order of the Director, who breaks the conditions of her parole licence, shall be brought before the Director who shall have power to order the return of such woman or girl to the place of safety from which she was released, to be detained there for the unexpired portion of her original period of detention, except where the woman or girl concerned, by reason of any act or omission committed whilst on licence, renders herself liable to prosecution for any offence, in which case she shall be brought before the appropriate court.”.

Repeal and re-enactment of section 166

40. Section 166 of the Ordinance is hereby repealed and the following substituted therefor: —

“Marriages solemnized prior to coming into operation of this Ordinance deemed to be registered under this Ordinance

166.—(1) Nothing in this Ordinance shall affect the validity of any marriage solemnized under any law, religion, custom or usage prior to the date of the coming into operation of this Ordinance.

(2) Such marriages if valid under the law, religion, custom or usage under which they were solemnized shall be deemed to be registered under the provisions of this Ordinance.

(3) Every such marriage, unless void under the law, religion, custom or usage under which it was solemnized, shall continue until dissolved —

(a)	by the death of one of the parties;
(b)	by order of a court of competent jurisdiction; or
(c)	by a declaration made by a court of competent jurisdiction that the marriage is null and void.”.

New section 166A

41. The Ordinance is hereby amended by inserting immediately after section 166 thereof the following new section: —

“Voluntary registration of marriages solemnized under religion or custom

166A.—(1) Notwithstanding the provisions of section 166 of this Ordinance the parties to a marriage which has been solemnized under any law, religion, custom or usage may, if such marriage has not been registered, apply to the Registrar in the prescribed form for the registration of such marriage.

(2) The Registrar may require the parties to such marriage to appear before him and to produce such evidence of the marriage either oral or documentary, as he may require, and to furnish such other particulars as may be required by him.

(3) The Registrar may on being satisfied of the truth of the statements contained in the application register the marriage by entering the particulars thereof in the local marriage register and also in the certificate of marriage attached to the marriage register.

(4) The entry of such marriage in both the local marriage register and the certificate of marriage shall be signed by the Registrar and the parties to the marriage.

(5) The Registrar shall not register a marriage under this section if he is satisfied that the marriage is void under the provisions of this Ordinance.”.

Amendment of First Schedule

42. The First Schedule to the Ordinance is hereby amended —

(a)	by deleting the cross-heading “PART I.” appearing therein; and
(b)	by deleting PART II thereof.

Miscellaneous amendments

43.—(1) The following provisions of the Ordinance are hereby amended by deleting the words “State Advocate-General” appearing therein and substituting therefor the word “Attorney-General”: —

Sections 95(3), 95(4) and 95(6).

(2) Subsection (2) of section 165 of the Ordinance is hereby amended by deleting the words “the Legislative Assembly” and “the Assembly” appearing therein and substituting therefor in each case the word “Parliament”.

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