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Re: All you need to know about the WOMEN'S CHARTER

PART XII
MISCELLANEOUS


Rules
180. —(1) Subject to section 139, the Minister may make rules generally for carrying out the provisions of this Act and, in particular, may make rules providing for —

(a) the forms to be used for the purposes of this Act;

(b) the practice and procedure for the keeping of registers of marriages and certificates of marriage;

(c) the supply and custody of registers and certificates;

(d) the preparation and submission of returns under this Act;

(e) the making of searches and the giving of certified copies;

(f) the care, detention, discipline, discharge and aftercare, temporary absence, maintenance, and education of women and girls detained under Part XI;

(g) the manner and conditions in and under which the powers conferred by Part XI shall be exercised by the persons on whom such powers are conferred;

(h) the composition, duties, functions and procedure of Boards of Visitors and Discharge Committees;

(i) the procedure for appeals to the Minister; and

(j) matters required to be prescribed under this Act.
[30/96]

(2) All rules made under this Act shall be presented to Parliament as soon as possible after publication in the Gazette and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when such rules are so presented annulling the rules or any part thereof as from a specified date, the rules or such part thereof, as the case may be, shall thereupon become void as from that date but without prejudice to the validity of anything previously done thereunder or to the making of new rules.[9/67]

(3) Any person who contravenes any rules made under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.

Marriages solemnized before 15th September 1961 deemed to be registered under this Act
181. —(1) Nothing in this Act shall affect the validity of any marriage solemnized under any law, religion, custom or usage prior to 15th September 1961.[9/67]

(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 Act.

(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.[9/67]

Voluntary registration of marriages solemnized under religion or custom
182. —(1) Notwithstanding section 181, the parties to a marriage which has been solemnized under any law, religion, custom or usage may, if the marriage has not been registered, apply to the Registrar in the prescribed form for the registration of the marriage.[9/67]

(2) The Registrar may require the parties to the 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.[9/67]

(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 certificate of marriage.[9/67;30/96]

(4) The entry of the marriage in the certificate of marriage shall be signed by the Registrar and the parties to the marriage.[9/67;30/96]

(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 Act.[9/67]

Recognition of marriages contracted in Embassies, etc., in Singapore
183. —(1) Nothing in this Act shall prevent the solemnization in Singapore of a marriage in any foreign Embassy, High Commission or Consulate in Singapore.[26/80]

(2) A marriage contracted in any foreign Embassy, High Commission or Consulate in Singapore shall be recognised as valid for all purposes of the law of Singapore if all the following requirements are satisfied:

(a) it was contracted in a form required or permitted by the law of the country whose Embassy, High Commission or Consulate it is, or in a form permitted under this Act;

(b) each of the parties had, at the time of the marriage, capacity to marry under the law of the country of his or her domicile or under the law of the country of the intended domicile of the parties after marriage; and

(c) in the case where either of the parties is a citizen of or is domiciled in Singapore, both parties had capacity to marry under this Act.[26/80]

Validity of customary marriages contracted on or after 15th September 1961 and before 2nd June 1967

184. —(1) For the avoidance of doubt, it is hereby declared that every marriage contracted or effected on or after 15th September 1961 and before 2nd June 1967 in accordance with the law, religion, custom or usage of the parties or any of the parties thereto shall be valid if the marriage is not contracted or effected in contravention of sections 4 and 10.[8/75]

(2) This section shall not apply to any such marriage which has been declared to be null and void by an order of the High Court prior to 2nd May 1975.[9/67]

Saving for petitions presented before 1st June 1981
185. —(1) The Women’s Charter (Amendment) Act 1980 (Act 26 of 1980) (including the repeals and amendments made by it) shall not have effect in relation to any petition for divorce or judicial separation, for a decree of nullity or for a decree of presumption of death and dissolution of the marriage presented before 1st June 1981.

(2) Without prejudice to any provision of this Act, neither collusion nor any other conduct on the part of the petitioner which has at any time been a bar to relief in matrimonial proceedings shall constitute a bar to the grant of a decree nisi of divorce, a decree of judicial separation, a decree of nullity or a decree of presumption of death and dissolution of the marriage, whether the marriage took place, or the proceedings were instituted, before or after 1st June 1981, and the court shall not be required to dismiss an application for a decree nisi of divorce to be made absolute on the ground of collusion between the parties in connection with the presentation or prosecution of the petition for divorce or the obtaining of the decree nisi or on the ground of any conduct on the part of the petitioner.

Savings for proceedings before 1st May 1997
186. —(1) Nothing in section 12 shall affect any proceedings under the Women"s Charter commenced before 1st May 1997 or any decree, order or judgment made or given (whether before or after that date) in any such proceedings.

(2) Nothing in Part VII shall affect proceedings instituted under the repealed sections 68 and 69 of the Women’s Charter (Cap. 353, 1985 Ed.) before 1st May 1997 and those sections in force immediately before that date shall continue to apply to the proceedings as if the Women’s Charter (Amendment) Act 1996 (Act 30 of 1996) had not been enacted.

(3) Section 112 shall not apply to the hearing of any proceedings which has begun before 1st May 1997 under the repealed section 106 of the Women’s Charter (Cap. 353, 1985 Ed.) in force immediately before that date and the repealed section 106 shall continue to apply to that hearing as if the Women’s Charter (Amendment) Act 1996 (Act 30 of 1996) had not been enacted.

(4) Nothing in this section shall be taken as prejudicing section 16 of the Interpretation Act (Cap. 1).
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