Validity of Marriage Under Myanmar Customary Law

Content
Acknowledgement
Abstract
Introduction

Chapter-1 Nature and Sources of Marriage Pages

1.1 Definition of Marriage 3
1.2 Nature of Marriage 4
1.3 Sources of Marriage 6
1.4 Types of Marriage System 8
1.4.1 Polygamous System of Marriage 8
1.4.2 Monogamous System of Marriage 12

Chapter-2 Characteristics of Legal Marriage under Myanmar

Customary Law
2.1 Essential Element of Marriage 15
2.1.1 Marriageable Age of Boy and Girl 16
2.1.2 Consent of Parties 24
2.1.3 Sound Mind of Parties 28
2.1.4 No Valid Subsisting Marriage for Woman 29
2.1.5 Openly Living as Spouses 33
2.2 Ceremony Not Necessary 38
2.3 Marriage with other religion 40
2.3.1 Marriage with Mahomedans 42
2.3.2 Marriage with Hindu 42
2.3.3 Marriage with Christians 43
2.3.4 Marriage with Chinamen 43

Chapter-3 Effect of Marriage

3.1 Right of Properties on Marriage 47
3.2 Claim Damages for breach of promise of marriage 48
3.3 Dissolution of Marriage 51
3.4 Moderns Day of essential element in Marriage 54

Conclusion
References
 Acknowledgement
First and foremost, I would like to say special thanks to my respectable
Professor Dr. Hlaing Aung Tun, Head of Law Department, Dagon University for giving
me a chance to write my thesis, “Validity of Marriage Under Myanmar Customary
Law”.
I would also like to say special thanks to my respectable Professor Dr. Aye Myat
Mon, Dr. Nita, Dr. Thin Thin Khaing, Dr. Hnin Ai Ai Kyaing and Daw Kyi Thar Linn
(Associate Professors) also for guiding me a chance and selected suitable title for my
Thesis.
I would like to thank to my Supervisor Dr. Aye Myat Mon (Professor,
Department of Law, Dagon University), Lecturer who give me not only the guideline
and advice that I need but also books, reliable resources and other supports with her
lovely kindness.
And also I would like to say special thanks to Professor Dr. Thi Thi Lwin (Head
of Law Department) in East Yangon University who kindly examined my Thesis with
positive view.
 Abstract

Every Citizen has the right to follow any customs, culture and traditions.
Myanmar Customary Law is mainly concerned with such matters as Marriage, Divorce,
Adoption, Succession, Inheritance and Matrimonial Rights. Marriage is widely
accepted by Myanmar Society as only a Social Affair. There are six mains essential
element to valid marriage under Myanmar Customary Law. They are marriageable age
of boy, marriageable age of girl, consent of parties, sound and sane mind of parties, no
valid subsisting marriage for woman and openly living as husband and wife. In relating
to Marriage, it have obeyed polygamy system in Myanmar Society. Now, by preventing
of polygamy system, the Pyidaungsu Hluttaw enacted the Law on the Practice of
Monogamy Law 2015. This Law is to protect women from being co-wives and to
deterrent crimes arising polygamous acts of men. The marriage between non-Buddhists
is legal according to their respective law, religion or custom so far as not contrary to
Monogamy Law. According to Buddhist Women Special Marriage Law 2015, the right
of Myanmar Buddhist Married Women have higher right than other religion of her
husband who is not Buddhist concerning with the Matrimonial Problems. The aim of
this thesis is to protect women becoming as illegal wife by accepting the monogamy,
to prevent matrimonial fault and to maintain the moral character of men and women.
 Introduction

Myanmar Society is make warmly in family affair and help each other in family.
Myanmar Country is Buddhist religion, then Myanmar ethnicity obey Buddha’s way.
In this fact, they deem marriage as social affair. They are always the marriage who have
agreed to become spouses under Myanmar Customary Law. In Myanmar, there are
applied polygamous system as a culture but it is only for man. In this matters, there are
arisen many complexity cases such as succession, inheritance property of death
husband.

Since Myanmar Kings, Myanmar Buddhist Woman cannot marriage the other
religion but after destroyed Royal Palace of Myanmar Kings, there are many of non-
Buddhist foreigner religion in Myanmar. Therefore, many of Myanmar Buddhist
Women married the other religion. Later, these married women are lost many
matrimonial rights and cannot entitled into the legally opportunity because there are no
enforcement law for these women. But after enactment of the Buddhist (Myanmar)
Women Special Marriage and Succession Act 1954, they can get rights and
opportunities. But this law was repealed by the name of Myanmar Buddhist Women’s
Special Marriage Law 2015 for many of mattes because of developing country. In
Myanmar, there are essential element of marriage under traditional custom. But some
Buddhist did not obey this traditional custom. Even though Buddhist Peoples do not
obey this element, there are always remain as culture until this day. The Polygamous
System is fully prevented for the ground of that enactment of the Law Relating to
Practice of Monogamous System, 2015.

So, it present in matter of marriage according to law and applying the matter of
marriage by using of Myanmar from the long time to in modern days as stating
Myanmar Customs. In Chapter 1 mentioned the nature and sources of marriage.
Myanmar Society apply that the woman deem to her husband as master in their
marriage. In a one spouse, their each responsibility are applied the duty of husband and
the duty of wife. The husband is only one of the house-leader and his wife is only his
life-supporter. Since from the time of their relationship as couple, they always share
good things and help each other in facing the problems. But the only interrupting things
is that the man can use the polygamy. The man cannot marry the other woman if the
 ii

first wife is not agree. In the point of law, it is sufficient ground of matter to divorce if
the man can marry the other woman.

In Chapter 2 state that there are defined essential elements of marriage in

Myanmar Customs. They are age of boy and girl, consent of parties, unsound mind of
person, no subsisting marriage for woman and openly living as spouse. These elements
used in marriage as law by the Myanmar Society according to their Customs. But the
point of no subsisting marriage for woman is amended not only for woman but also for
man by the law according to living of modern day.

Chapter 3 is effect of marriage. It contained right of properties on marriage,

moderns day of essential element in marriage. In this matter, sometime, woman cannot
do anything if her husband marry the other woman even the first wife is not agree. This
is the main matter of dissolution of marriage from the woman and claim the divorce at
the court. Cruelty, desertion of wife, misrepresentation and marry the other woman
without the consent of first wife is the sufficient ground of dissolution of marriage. If
the husband is not agree dissolution of their marriage then the woman can claim degree
of divorce at the Court according to the law.

In the modern day, the monogamy law prevent the polygamy systems. The
persons who agree to become husband and wife can do marriage affidavit at the court
in front of the judge according the law and the judge also register in the registered book.
This is deemed to valid their marriage according to the law and cannot separate them
from anybody.
 Chapter 1
Nature and Sources of Marriage

Myanmar Community was a close-knit and harmonious society based on the

Buddhist-Sprit of Metta, Karuna and Mudita. It is based on loving, kindness, sympathy
and rejoicing in another’s well-being. Myanmar citizens have owned self-community,
self-traditional, self-religion, self-culture and self-language since an ancient period. 1
However, when having the cause of own-culture, the doing of marriage could be
defined as the social affair in Myanmar on the view of normally. But in the side of
process of Law, Marital Relations can be defined Legal Traditional on Social Life and
Community from the period of Myanmar Kings to present period. Myanmar have four
main religions such as Buddhist, Christian, Hindu and Mohomedan. Myanmar Societies
always make the marital relations between Buddhist to Buddhist and Buddhist to other
religion. Even though Buddhism’s tradition and culture can married any religion,
another ethnicity not being the Buddhist must restricted their marriage under
religiously.
According to Manugye Dhammathat, there were three modes of marriage in
Myanmar Ethnicity. They are given by parents in marriage, brought about by
intervention of a go-between and by mutual consent. Women are 20 years of age and

1
Aung Than Tun, Legal Tradition of Myanmar (Legal Tradition of South East Asia), 2007, p.117.
 2

above having the right to refuse to marry the man chosen by her parents. But under 20
years have no chance to remove the parent’s will in the case of married to the man.
Myanmar man and woman could enter into wedded life very freely and independently. 2
There is no particular restrictions on marriage except six essential elements of marriage.
In the olden days, man led the household affairs but woman held the position as
his life partner. There is a Myanmar saying “while the man carries his burden on the
shoulder, the woman carries hers on her head”, it means Maung Ta Htan Mei Ta Ywet.
This exactly portrays the position of spouses in Myanmar marriage vividly emblazoned
to date.3
Since the Bagan Period, there had been on distinction as to caste, class, colour
or rank in Myanmar, and no restriction in marriage. They could marry by mutual
consent or with the approval of elders or the parents concerned. According to Bagan
inscriptions, the following principles prevailed during this period. These principles
were almost the same as to-day. They are,
1. The husband was the leader of the household.
2. A man could take more than a wife if he could afford. He could have two legal
wives at the same time. However, the wife who shared in the husband’s business
was recognized as the legal wife.
3. The husband and wife were what we called “tenants-in-common”, of jointly-
acquired properties. (Hintpasone).
4. When the husband died, the wife inherited all the properties of the husband.
5. The husband could freely dispose of the properties inherited from his own
parents and relatives known as Payin.
6. When the husband died, the wife became the chief of the household.
7. The wife could also dispose of properties inherited from her own parents and
relatives freely that was, Payin property.
8. When either the husband or the wife died, the remaining spouse could freely
remarry.4
This system is still using from the period of Myanmar King until the present
time. But some of these statement of systems cannot permitted in the time of modern
period cause of illegal complex. The illegal complex meaning that for example

2
Aung Than Tun, Legal Tradition of Myanmar (Legal Tradition of South East Asia), 2007, p.116.
3
Ibid.
4
Ibid, p.98.
 3

inheritance because of commonly the Buddhist man could have to marry wives. The
Monogamy Law 2015 had later enacted, Polygamous system was prevented with this
law. Therefore, the case relating to inheritance right of co-widow is reduced slowly in
the Court.

1.1 Definition of Marriage

Marriage is the legal Union of a man and woman as husband and wife. Although
the common law regarded marriage as a civil contract, it is more properly the civil status
or relationship existing between a man and a woman who agree to and do live together
as spouses. The essential of a valid marriage are parties legally capable of contracting
marriage, mutual consent or agreement and an actual contracting in the form prescribed
by law.5
A marriage that is invalid from its inception that cannot be made valid and that
can be terminated by either party without obtaining a divorce or annulment. For
example, a marriage is void if the parties are too closely related or if either party is
already marriage. 6
Marriage in Myanmar Buddhist (Myanmar Customary Law) law is a civil
contract without any religious. Under the provision of Section 13 the Burma (Myanmar)
Laws Act, 1898, it is enacted that the Buddhist Law (Myanmar Customary Law) shall,
in cases where the parties are Buddhists, from the rule of decision in any question
regarding marriage. The validity of marriage contract, in its usually accepted meaning
of a contract to marry in futuro, is not a “question regarding marriage” and, therefore,
has to be determined in accordance with the provisions of the Contracts Act .A marriage
between Myanmar Buddhists or, in certain circumstances, between two persons one of
whom is a Myanmar Buddhist (Myanmar Customary Law), may now also be affected
in accordance with the provisions of the Special Marriage Act as amended by the
Special Marriage (Amendment) Act 1923.7
Marriage amongst Myanmar Buddhist (Myanmar Customary Law) has lost
entirely any religious character it might have had and at the present day, it is a purely
civil and consensual contract. Buddhist monks keep entirely aloof from such worldly
ceremonies. In its juridical aspect marriage is both a contract and an institution in as

5
Black’s Law Dictionary, 7th Edition, 2000, p.789.
6
Ibid, p.790.
7
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.12.
 4

much as it creates a status the incidents of which are quite independent of the volition
of the parties.

1.2 Nature of Marriage

Myanmar customary law contains no prohibition forbidding marriage between
a Myanmar Buddhist (Myanmar Customary Law) and a person of another race or
religion, and hence in the case of marriages contracted in Myanmar the validity thereof,
provided the provisions of the Myanmar Buddhist Law (Myanmar Customary Law) of
marriage have been observed, depends upon the capacity of the other party to enter into
the marriage.8
Marriage not only determines the questions of legitimacy and inheritance but
imposes a liability on the husband to maintain his wife and children and to remain
faithful to wife. Amongst Myanmar Buddhists there is an additional incident that flows
from the contract of marriage namely the joint interests enjoyed by both husband and
wife in the property acquired after marriage. 9
Dhammathats do not specify the essential conflict of the contract of marriage.
Myanmar Buddhist (Myanmar Customary Law) marriage may be contracted in several
ways. Manugye refers to three modes of becoming man and wife namely; a man and
woman given in marriage by their parents, who live and eat together; a man and woman
brought together by intervention of a go-between, who live and eat together; and a man
and woman who come together by mutual consent and live and eat together. It has been
judicially interpreted that living and eating together is not an essential condition of
marriage but merely a proof of marriage. 10
The law relating to marriage amongst Myanmar Buddhist is extremely lax. No
ceremony of any kind is essential to constitute a valid marriage between two Myanmar
Buddhist, whether ngelin-ngemaya or eindaunggyis. Mutual consent is all that is
required. In the absence of direct proof consent may be inferred from the conduct of the
parties or established by reputation. Generally in such circumstances, some open
recognitions of the wedded state is made. Relations and neighbours are usually asked

8
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.13.
9
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.6.
10
Ibid, p.7.
 5

to some form of entertainment in order to signify the occasion, and where this is
dispensed with, evidence of the intention to enter into a married life must be clear. 11
But when proof of marriage depends wholly or mainly on reputation, the
circumstances of the case must be scrutinized with some caution, because the same
word which is used to describe a woman lawfully married is applied by the Myanmar
to a woman living with a man on less honorable terms. Amongst them the term wife is
sometimes very loosely used. 12
Where marriage is tried to be established from cohabitation with habit and
repute it becomes necessary to make sure that there are the conditions required for its
existence. There must be some body of neighbours, many or few, or some sort of public,
large or small before repute can arise. Clandestine acts or sexual intercourse do not by
themselves establish marital relationship. Where there is no regular cohabitation under
the same roof and the couple who resort to each other for purposes of intimacy and
thought by some to be engaged and by others to be mere friends and cousins. Such acts
do not established marriage by reputation. 13
Where a man and a woman have openly live together as husband and wife for
many years in the same house and they have been regarded as such be their friends and
relations who have seen them so, presumption arises that the couple intended a value
union.14
What must be proved to raise a prima facie presumption of marriage is that the
acts of intercourse were not clandestine, but that there was an open avowal of the
married state as distinct from the relationship between a man and his mistress. And if
the parties made no open avowal, their method of living must have been such as to
induce members of the public not to gossip about the relationship, but to show by their
conduct that they were treating the pair as man and wife. 15
Moreover, there can be proved the marriage. It is to order to prove marriage
there must be evidence not merely of a desire by one person to be considered as having
married another but of the consent of that other, express or implied, to the joint
assumption of a status consistent with marriage bond.

11
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.33.
12
Ibid, Pp.33-34.
13
Ibid, p.34.
14
Ibid, Pp.34-35.
15
Ibid, p.35.
 6

1.3 Sources of Marriage

A consistent feature of the Myanmar family has been the freedom of the
individual. “The Myanmar Commoner chose as wife an equal to be his helpmate; they
shared their daily life, its common toil and interest; their children grew up under the
care of an equal man, an equal women, gaining the benefit of a father’s as well as
mother’s example”. The Dhammathats spoke of the power of the father over the
children whom he might even sell into slavery, of the power of the husband, the lord
and master, over his wife. 16
The family is loosely knit by love and respect, not welded together by power.
The father is the acknowledged head of the family, but when he is absent or gone, it is
the mother who takes over. Sons under puberty and unmarried daughters below the age
of 20 come under the care of the parents whose consent they need if they wish to launch
out on their own, as in a marriage. 17
The Dhammathats written by monks and men, sometimes describe the husband
as the lord and master of the home, and the Myanmar wife quietly keeps him thinking
so, for it makes him feel happy and renders it easier for her to run the home. 18
“It is simply a part of good manners”, notes a Myanmar wife and scholar, “of
what is pleasurable and seemly, to respect the person of a male, to give precedence to
his manhood on all social occasions, and to attend to his wants. But in the all-important
matters of money, of divorce, inheritance, of freedom of movement, the right of giving
advice, of transacting business or of putting one’s own name alongside a husband’s on
a shop front, women admit no inferiority. Thus they serve without shackles and are
equal without impairing the pride of masculinity.” 19
The Dhammathats had much to say about the happy home, the rights and duties
of husbands and of wives, and to lend weight to the sayings, the authority of the Buddha
was sometimes invoked. They read, however, more like moral teachings and folk
wisdom which the Myanmar family today accepts only in much diluted forms. Thus the
Manugye Dhammathats prescribes the five duties of a wife as “rising from bed before
the husband rises; retiring to bed after he has done so; taking his instructions for her
day’s work; carrying out his behests according to his wishes; speaking to him in a

16
Dr. Maung Maung, Law and Custom in Burma (Myanmar) and the Burmese (Myanmar) Family, 1963,
p.45.
17
Ibid.
18
Ibid, p.48.
19
Ibid.
 7

pleasant and affectionate way and providing against the in clemencies of the weather
for the husband’s comfort”. The husband’s good qualities are described by the Kaingza
Dhammathats as those of “striving to acquire wealth; providing the wife with a good
house; maintaining the wife, children and slaves with tender watchfulness; looking after
the cattle with care; supporting those of the relatives who are poor”. Manugye
prescribes this rule; “The husband and wife may be equal in personal appearance, age,
wealth and rank, but if one surpasses the other in power and wisdom, the former shall
be regarded as the nobler, and shall be respected by the latter”. 20
Marriage is a civil institution into which the Buddhist religious element enters
not at all. “The very idea of wedlock and its attendant worldly life is opposed to the
ultimate end of Buddhism, the annihilation of Desire; and notwithstanding that the
Buddha, in his discourses to the laity, laid down rules of conduct to be observed by
married persons, parents and children, yet he was careful to impress upon his hearers
the need for keeping in mind the spiritual life. Thus, while commending him who
supports his father, mother, wife and offspring, he at the same time indicates the goal
of Nirvana, the striving for which must necessarily involve celibacy.21
According to Section 13 of the Burma(Myanmar) Law Act 1898 stated that for
matters of succession, inheritance, and marriage courts must decide based on the
relevant religious laws where the parties are Buddhist, Muslim, or Hindu. Certain
provisions of such religious laws may be altered or abolished by statute, in which case
the court should follow the statute. Where the parties are not of these religions, the
courts should decide such cases “according to justice, equity, and good conscience”. 22
Social life in Burma(Myanmar) and for that matter in the Southeast Asian
countries where Buddhism is the religion of the majority, is so wrapped up in religions
ethics that the absence of priests and religious elements from the ceremony of marriage
becomes all the more remarkable. “Here no member of the Buddhist clergy officiates
because the live is of profane nature and the contract purely a social one. But there are
the go-between friends and relatives, busy making sure that both sides know what they
are taking on, consulting with the local sages to see whether the horoscopes of bride
and groom are well matched, choosing the most auspicious day and hour for the union,

20
Dr. Maung Maung, Law and Custom in Burma (Myanmar) and the Burmese (Myanmar) Family, 1963,
Pp.50-51.
21
Ibid, p.54.
22
Laura Eshbach and Beth Roberts, Marriage, Divorce, And Inheritance: A Review of the Personal and
Family Laws Affecting Women’s Land Rights in Burma (Myanmar), 2017, p.8.
 8

and selecting the most happily married couple of the family’s acquaintance to lead the
ceremony so that one successful marriage will bless another. The Myanmar word for
marriage, ein-daung-pyu means “set up house”; the throwing of stones that was done
in very early days as a mark of society’s displeasure, the fee that was offered by the
man and woman in partial atonement, are now parts of joyous, frolicsome occasion. 23
However, the marriage system was slowly evolution from the ancient time to
modern day because the modern system have stronger than the ancient’s system. In the
ancient time, there has no relating to marriage law, system and notification. For the lack
of law in ancient time, Myanmar women lost many rights and opportunities if it even
caused the issues and problems. But the law is fully protecting the Myanmar Women
in causing of marriage system due to make the law for them legally. Even in the case
of marriage was make from the society, there are still a little case and confuse problem
relating to marriage system.

1.4 Types of Marriage System

During the ancient time, the peoples of Burma (Myanmar) applied that married
more than one wife. So that of marriage with the wives, the problem of separation
properties raised complexity. For the purpose of preventing this system, Pyiduangsu
Hluttaw made a system that is called monogamous system and then enacted Monogamy
Law in 2015. The Monogamy Law is mainly protecting the polygamy system.
Therefore, it can defined the two type of marriage. They are Polygamous System and
Monogamous System.

1.4.1 Polygamous System of Marriage

The state of being simultaneously married to more than one spouse. The
condition or practice of having more than one wife. 24
Polygamy among Myanmar Buddhist (Myanmar Customary Law) is legal. It is,
however, recognized rather as an existing institution than with approval. Polygamy
proper is undoubtedly coming to be looked on with more and more disfavor, but it is
by no means extinct even in Lower Burma (Myanmar), where it is not very uncommon
for the daughter of respectable parents to be openly given in marriage with great
ceremony to a man who has already one wife. In Upper Burma (Myanmar), before the

23
Dr. Maung Maung, Law and Custom in Burma (Myanmar) and the Burmese Family, 1963, p.55.
24
Black’s Law Dictionary, 7th Edition, 2000, p.946.
 9

annexation, polygamy was more common especially among the official class. Only one
wife was recognized by the king and received at the palace. She was called the Pwedat
or Pwewin Maya (approved wife). But the other wives were treated with respect by
others than the royal family. 25
The practice of polygamy still prevails in Burma (Myanmar) and is recognized
by the Dhmmathats. But there is a strong feeling amongst the people against the practice
which seems to be declining and is looked upon with disfavour by the present day
Myanmar Buddhist (Myanmar Customary Law) society. Myanmar Buddhist (Myanmar
Customary Law) are rather monogamous by nature than polygamous. 26
Amongst the Non-Christians in Asia a person is allowed, during the lifetime of
his wife, to unite with another woman and give her the status of a wife. The same things
prevails amongst the Myanmar Buddhists. Husband’s right to marry a second wife
during the continuance of the first marriage is so well known amongst the Myanmar
Buddhist that formerly nobody ever challenged the right and the Courts assumed it. Just
like a Hindu or Mahomedan, a Myanmar Buddhist man can marry many wives at the
same time.27
Although a Myanmar Buddhist man can marry a second wife during the lifetime
of his first wife, a Myanmar Buddhist woman cannot marry again during the subsistence
of a valid marriage tie. Courts recognize polygamy on the part of the husband but not
polyandry does not exist among the Myanmar Buddhist. 28
Polygamy being looked upon with disfavor the taking of a second wife during
the lifetime of the first and without the latter’s consent constitutes a serious matrimonial
fault. In such circumstances the first wife is entitled to leave her husband and refuse to
cohabit with him unless he provides her with a separate residence, and, if he fails to do
so, to obtain an order under Section 488 of the Criminal Procedure Code for her
personal maintenance from him. Moreover, since 1918 the taking of second wife
without the consent of the first wife is ordinarily a sufficient ground for divorce. 29
In Myanmar Buddhist Law (Myanmar Customary Law) a man may marry two
or more women at the same time and give all of them equal status. Such wives known

25
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, Pp.16-17.
26
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.19.
27
Ibid.
28
Ibid, Pp.19-20.
29
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.17.
 10

as superior wives or wives proper, whether they live with the husband or not, inherit
his estate on an equal footing. Myanmar Buddhist Law (Myanmar Customary Law)
also contemplates the existence of other women of humbler standing who are
differentiated from the aforesaid superior wives by being described an inferior or lesser
wives. Dhammathats draw a marker distinction between a wife who is not the chief
wife and a concubine. 30
A second wife (not being an “inferior” wife) has the same status as the first wife,
and the two women occupy identical positions, both in respect of personal rights and as
regards the ownership of property. Both are known as “superior” wives in
contradistinction to the “inferior” wives referred to in the next section. A man may
marry the sister of his wife during the latter’s coverture with him, but the practice is
regarded with disfavor. 31
A husband may also enter into and maintain conjugal relations with a woman
whose position falls short of that of a “superior” wife. Such a woman who is known as
an “inferior” wife, has a position which is higher than that of a mistress or concubine
and she may in certain circumstances have a right of inheritance in her husband’s
estate.32
Superior Wives (let-son-maya) is one who lives in terms of equality with the
husband and eats out of the same dish with him and is endowed with proprietary as well
as personal rights. Eating out of the same dish is but one, though perhaps the chief,
indication of such equality. Eating together has lost all its original significance
nowadays as social distinction which existed in former days is fast disappearing. 33
Where a woman lives and has an establishment separate from that of her
husband and his chief wife, and takes on share either in the management of his business
or in his household affairs, and performs the duties of a wife no further than by receiving
his visits is not entitled to hold the property acquired during her union with him; hence
she is not a superior wife. 34
Inferior wife is a woman with whom the husband enters into and maintains
conjugal relations but whose position falls short of that of his first or chief wife and

30
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.30.
31
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.17.
32
Ibid, p.18.
33
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.31.
34
Ibid.
 11

who is not endowed with proprietary rights and with whom the husband does not eat
out of the same dish. 35
Inferior wife, if living together with the husband is entitled to two-fifths and the
superior wife to three-fifths of the husband’s estate but where such inferior wife is
living apart from the husband and is only occasionally visited by him, she is entitled to
nothing more than the property which had already passed the her possession during the
husband’s business and in no way contributes towards the acquisition of property by
the husband, she is not entitled to any share in her deceased husband’s estate. 36
Where a Myanmar Buddhist having a chief wife in one place keeps a woman at
another place, who receive his visits unknown to the chief wife but with priority
knowledge of the existence of the chief wife and the woman takes no part in the business
of the man, and is not publicly recognized as of an equal status with the chief wife, in
such a case the other woman is a best an inferior wife. 37
Where a woman, other than the undisputed with of a person, claims a share in
his estate on his death of the ground that she is also his widow, there must be clear and
unequivocal recognition of her status a such to establish wifehood in the legal sense of
the term.38
Inferior wife is not a mistress. It is a mistake use the term mistress with reference
to an inferior in other words, lesser wife among Myanmar Buddhist. Myanmar Buddhist
Law (Myanmar Customary Law) speaks of wives and concubine. The mistress of
Western Europe is a different thing from the concubine of the Dhammathats. To convert
a wife or even a lawful concubine into mistress seems to be consistent neither with
Myanmar Buddhist Law (Myanmar Customary Law) nor with the cause of religion and
virtue. The mistress of a Myanmar Buddhist is not entitled to any share in his estate
after his death. 39
The distinction between wives in the fullest sense (or “superior” wives) and
“inferior” wives which is of great importance with regard to the rules of inheritance, is
one of fact. Were both accorded equal and similar rights by the husband? Were both
recognized as of equal status by their neighbours? Has each an equal share in the care

35
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6 th
Edition, 1957, p.31.
36
Ibid, Pp.31-32.
37
Ibid, p.32.
38
Ibid.
39
Ibid, Pp.32-33.
 12

and management of the husband’s estate? Did the husband live indifferently with each?
Unless of answer to questions such as these is in the affirmative the status of one of the
women is not higher than that of an inferior wife.

1.4.2 Monogamous System of Marriage

Monogamous marriage is enforced in a small but non-trivial fraction of
societies. Within an evolutionary framework, explaining the origin of this system
against a background of default polygyny presents a challenge. Why would dominant
men devise, or allow, a marriage system that removes their prerogative to multiple
wives? It seems reasonable to assume that, throughout history, these men have
influenced, and to some degree directed, the development of rules and norms encoded
in kinship and marriage systems to suit their own interests. 40
A monogamous marriage system leads to a substantial reduction in the variance
in male reproductive success compared to a polygamous marriage system; in the
classical paradigm of behavioral biology, variance in reproductive success underlies
competition for access to mates. However, the limited comparative data on male
reproductive success available for a sample of societies with monogamous and
polygynous marriage systems fail to support this assumption. 41
Monogamous marriage as a form of “monogamous inheritance” effectively a
mechanism to channel a man’s physical resources to the children of a single wife.
Monogamous marriage can be understood as the outcome of strategic male and female
behaviors linked to the allocation of resources to the next generation. Oppositely, where
this arrangement produces the highest reproductive returns on the investment of
resources into future generations, dominant men have most to gain from a monogamous
marriage system, because they control the most resources. Further, to the extent that
polygynous mating is tolerated alongside monogamous marriage, this proposal does not
hinge on reduction in the variance in male reproductive success through monogamous
marriage. In this respect, it can better accommodate the distinction between the
marriages and mating levels than, for example, the proposal that monogamous marriage
is a mechanism of reproductive leveling. At the same time, the theoretical model

40
Laura Fortunato, Evolution of Marriage System, 2015, p.16.
41
Ibid, p.17.
 13

underlying this proposal does not consider variation among men in the degree to which
they control resources, thus this factor remains unexplored. 42
It can identified two conditions that may make monogamous marriage
advantageous over alternative arrangements. First, monogamous marriage coupled with
unigeniture (i.e. one individual inherits all or most of the resources) can be used to avoid
partitioning resources among multiple heirs. For example, in monogamy with
primogeniture the wife’s first-born child (usually the first-born son) is the designated
heir, to the full or partial exclusion of all other children. The second condition that may
make monogamous marriage advantageous over alternative arrangements is that
women may grant higher fidelity to husbands who marry monogamously over those
who marry polygynous. If this is the case, a man’s potential reproductive gain from
polygynous marriage (i.e. the production of children by multiple wives) may be offset
by a loss in terms of reduced paternity, to the point that he may be better off marrying
monogamously. In this case, both spouses stand to gain from monogamous marriage:
the husband benefits from investing resources “safely” in those individuals in the next
generation who provide the potentially highest reproductive returns (i.e. his wife’s
children), and the wife benefits from exclusive investment of her husband’s resources
in her own children. 43

After enacted the law of monogamy, it disappear the problem of marriage with
wives, the solution of separation of properties whether man alive or not, the case of
superior and inferior wife, loss of matrimonial entitlement from women, succession of
their biological children or non-bloody children, complexity inheritance and also
deterrent the case of polygamy. Moreover, it may be concluded that the marriage treat
from the Myanmar Society is Ein-daung-Pyu means “set up house”. The husband led
the household affairs but woman held the position as his life partner that Myanmar
saying “while the man carries his burden on the shoulder, the woman carries hers on
her head”, thus means “Maung Ta Htan Mei Ta Ywet”. After marriage, the husband
served the duties of husband and the wife also served the duties of wife. Thus, they
serve without shackles and are equal without impairing the pride of masculinity.
Marriage become to be established from cohabitation with habit and reputation in
Myanmar. That why Myanmar Buddhist Family is always treat that Marriage is a Social

42
Laura Fortunato, Evolution of Marriage System, 2015, p.18.
43
Ibid, p.19.
 14

Affair. But there are existed and practiced the system as the name of polygamous in
Myanmar Family. The Myanmar Kings officially practiced to marry the many woman
even he has married. However, it may recognized that the Buddhist Man has the right
to marry many woman at the same time. So that of married wives, the problem of
separation properties prevails complexity with disfavor whether the husband is dead or
alive. In order to deterrent these cases, the Monogamy Law 2015 was enacted. But the
marriage, succession, inheritance, divorce that depending on conjugal relation is still
existing in the Myanmar Family as the little matrimonial faults even the law enacted
until the present day but it is strongly prevent the polygamous system due to release
Monogamy Law.
 Chapter 2
Characteristics of Legal Marriage Under Myanmar Customary Law

Myanmar Society have not many restriction in marriage even Myanmar people
marry the other religion. But the Myanmar Women cause to marry the other religion
with their free consent within lawfully, they may lose many rights and opportunities
because their husband religion is not Buddhism. Myanmar Ethnicity was always
applied with six points for shifting as husband and wife in marriage even do with the
other religion. In this case of marry with other religion, there may lost many rights in
life especially for Myanmar Woman. The Myanmar Buddhist Women’s Special
Marriage Law is enacted to protect the loss of rights and opportunities for woman.
Myanmar Society can be married many wives since the long time ago. The one law
enacted for prevent of polygamous system. The Law relating to the Monogamous
System enacted in 2015, this law can protect the polygamous system and stand with
promoting the dignity of Myanmar Ethnicity until the modern day.

2.1 Essential Element of Marriage

To constitute a legal marriage amongst Myanmar Buddhists, the man should
attain his puberty, the woman should be a spinster above 20 years of age, a widow, a
divorce, or a spinster under 20 years of age who has obtained her parents’ or guardian’s
 16

consent, the parties must be mentally competent to contract, the relationship between
the parties should be such that their union may not be against the sentiment of their
community, the parties must give their mutual and free consent to become husband and
wife presently; and there should be consummation. 1
If a Myanmar Buddhist man and woman, who are otherwise competent to
marry, cohabit with the intention of becoming husband and wife presently, then they
are a married couple in the eye of law irrespective of what other people may think of
them. The agreement to become husband and wife must be contemporaneous with the
cohabitation forming an integral part of the marriage. 2
Mere elopement without mutual consent and desire to marry and live as husband
and wife in future does not constitute a valid marriage. Clandestine acts of sexual
intercourse do not by themselves establish marital relationship. 3
Therefore, there can be defined elements of essential marriage in Myanmar
Custom. They are marriageable age of boy and girl, Consent of parties, unsound mind
of parties, no valid subsisting marriage for woman and openly living as husband and
wife.

2.1.1 Marriageable Age of Boy and Girl

According to Manugye if a young man and a young woman have clandestine
intercourse the parents if the former are not at liberty to withhold their consent of
marriage. From this it seems at first sight that the consent of the parents of the young
man is a necessity for the validity of his marriage. But this rule of Manugye is more of
moral precept than a positive rule of law. The Dhammathats prescribes age limits or a
girl to marry a man of her choice without the consent of her parents or guardian but do
not fix a limit age below which a young man cannot marry a girl of his choice without
his parent’s consent. 4
In 1918, it was held in a case that there was nothing Myanmar Buddhist Law
(Myanmar Customary Law) to prevent a youth from contracting a valid marriage
without his parent’s consent at any time, he was physically competent for marriage. In
1919 it was held that in another case that a marriage, youth under 20 years of age could

1
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p. 8.
2
Ibid, Pp. 8-9.
3
Ibid.
4
Ibid, p. 14.
 17

not contract a valid marriage without the consent of his parents unless it was steadfastly
determined to marry the girl of his choice.In 1925 the Rangoon High Court decided that
a Myanmar Buddhist youth above 16 years of age could contract a valid marriage. In
1928, the Rangoon High Court has held in a case that a Myanmar Buddhist youth is
competent to contract a valid marriage at any time he is physically competent for
marriage and consent of his parents or guardian is necessary. 5
In the case of Maung Thein Maung v Ma Saw6, is that Ganguli is the appellants
and Maung Thein Maung is the respondent. The fact of the case is marriageable age of
boy for marriage under Myanmar Buddhist Law (Myanmar Customary Law). This case
decided the Appeal Court before the Judge of Mr. Heald and Mr. Maung Ba that
Respondent sued the first appellant for divorce on the ground that he had deserted her
and had married another wife, and for partition of property on the basis of a divorce as
by mutual consent. She joined the second appellant, who is the first appellant's other
wife, as being interested in the partition of the property, and the third appellant, who is
the first appellant’s brother- in-law, as claiming to be a purchaser of part of the property
of the marriage from the first appellant.
The first appellant's defence was that there was no valid marriage between him
and. respondent because he was only about 16 years of age when he went through the
ceremony of marriage with her. He admitted that after he and respondent parted
company he sold a piece of land to the third appellant.
The second appellant's defence was similar and she added that she was not a
necessary party to the suit.
The third appellant adopted the first appellant's defence that there was no
marriage. He admitted that the first appellant was his brother-in-law and said that he
and his wife acted as the first appellant's guardians before he came of age. He said that
his purchase of the lands from the first appellant for Rs.10, 500 was a genuine
transaction and that the first appellant sold the lands to him in order to pay off-debts
due by himself and his second wife.
The lower Court held that there was no substance in the first appellant's defence
that there was no marriage because he was too young to enter into a contract of
marriage, and that respondent was in fact and in law the first appellant's wife. · It found

5
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p. 14.
6
6 Ran 340, 1928.
 18

that respondent was entitled to divorce as by mutual consent and to partition of the
property on the basic of such divorce. It held that in respect of the properties which the
first appellant brought to the marriage respondent’s share was one-third. As for the land
alleged to have been sold to the so-called guardian, the Court was of opinion that the
transaction was not a sale by the husband on account of himself and his wife for the
purposes of the business of the family, and held that the sale did not affect respondent’s
right to recover her one-third share of that land.
The three appellants have failed a joint appeal alleging that there was no valid
marriage and that the Court was wrong in avoiding the sale to the third appellant. They
also pointed out that respondent’s plaint was insufficiently stamped.
There is in our opinion no basis for the suggestion that the marriage as invalid
because the first appellant was too young to contract a valid marriage. The lower Court
has stated in which each member of this Bench Separately has expressed the opinion
that there is nothing in Myanmar Buddhist Law (Myanmar Customary Law) which
prevent a youth from contracting a valid marriage at any time after he is physically
competent for marriage and we are still of the opinion which we expressed in those
cases. The first appellant was admittedly at least 16 at the time of the marriage. He
admits that there was a marriage ceremony and that there was cohabitation and a child
of the union and we have no doubt that there was a valid marriage.
The only question which remains is the question of the sale of the land to the
third appellant. The relationship between the parties to the sale renders its open to
suspicion and on a perusal of the evidence we agree with the lower Court that in the
circumstances of the case it is unlikely that the land was sold by the first appellant in
good faith in pursuance of the common business of the first appellant and respondent
as a married couple. The third appellant knew all the circumstances of the couple and
knew that he was buying from a married man who was living separately from his wife.
In these circumstances we see no reason to interfere with the lower Court's
finding that the sale did not affect the one-third interest in the land which respondent
takes on divorce.
The decree of this Court will not be signed until respondent has paid into Court
the deficient court fee payable in the trial Court in respect of her claim to divorce.
This case mean that a youth is competent to contract a valid marriage at any
time after he is physically competent for marriage and no consent of his parents or
guardian is necessary for a valid marriage at Myanmar Customary Law.
 19

But it should be noted that if a man above 18 years of age marries a girl under
14 years of age, with or without the consent of her parents, he offends again the
provisions of the Child Marriage Restraint (No.19 of 1929) which is abolished and
exposes himself to punishment. 7
The Dhammathats do not require a boy, who has attained puberty, to obtain the
consent of his parent or guardian to enable him to marry. On the contrary, the texts at
Digest II, 133 (not translated) inhibit the parents from objecting to the marriage of the
son to a divorce or widow, whom he has seduced. Maung Thein Maung v Ma Saw
affirm the right of a boy, on attaining puberty, to marry without parental consent. 8
In the case of girl age, minors it is necessary that the parent or guardian should
consent to the marriage. Under the Majority Act the age of majority is 18 years in some
cases and 21 years in other cases. But Section 2 of the said act has specifically excluded
the case of marriage from its purview, hence the Dhammathats have to be referred to
for the determination of the age of majority for the purpose of marriage. Dhammathats
enjoin upon parents and guardians the necessity to marry minors before the completion
of the sixteenth year so as to prevent their falling into sin but they expressly maintain
that even if the parents and guardians do not pay any regard to this rule enjoined upon
them, it is only when the girl has attained the age of 20 years that she has a right to
contract a valid marriage without their consent. Manugye permits an unmarried woman
above the age of 20 years to marry a man of her choice where the parents or guardian
have not already given her in marriage. 9
For woman to enter into a valid marriage, she must not have a subsisting
marriage tie. A widow or a divorcee can marry, and indeed such a woman, being
emancipated from parental control by a previous marriage, does not need parental
consent even if she should be below the age of 20, when she marries again. This
requirement, however, does not apply to men, for polygamy is permitted by the
customary law. “That there is a custom of polygamy among Myanmar Buddhists is
beyond dispute”. Observed the Privy Council, “and that it is sanctioned by the
Dhammathats is also beyond dispute. Polygamy, however, is not a popular institution.
“It is a legal, but except among officials and the wealthy, is seldom practiced. In

7
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p. 14.
8
Dr. E Maung, Burmese Buddhist Law (Myanmar Customary Law), 1969, p.35.
9
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.11.
 20

ordinary life a man with more than one wife is talked of as not being a very respectable
person.10
In the case of “Ma E Sein v Maung Hla Min” 11 is that this is an application to
revise the order of the First Additional Magistrate, Rangoon, dismissing an application
for maintenance under section 488 of the Criminal Procedure Code.
Applicant Ma E Sein was about seventeen years when she eloped with the
respondent Maung Hla Min, who also was about the same age. They were living in
neighbouring houses in the 52 nd Street Rangoon. The boy has a widowed mother Ma
Sein, who is well to do. The girl is a poor orphan and she was working in the house of
Maung Gyi (D.W.3). She apparently has only one close relation in the person of her
aunt, Ma Ta. The elopement was not followed by any marriage with the consent of
either Ma Ta or Ma Sein. In fact, Ma Sein has separated her son from the girl and
married him to another girl. Consequently, Ma E Sein applied for maintenance as a wife
and her application has been dismissed on the ground that there was no valid marriage.
Although the case is somewhat petty, yet it involved important legal questions
ritually affecting the interest of those governed by the Buddhist Law (Myanmar
Customary Law). The first question minority the want of consent of parents or guardian
will invalidate marriage.
Marriage is one of the matters not affected by the provisions of the Indian
Majority Act (IX of 1875). In most systems of law persons below a certain age are
considered incompetent to marry. In the Roman Law, males below the age of fourteen
years are declared incompetent to marry. Under the English Law while the ordinary age
of majority is twenty-one the age of consent to matrimony is fourteen in males and
twelve in females. In the Mahomedan Law puberty is presumed at the completion of
fourteen years unless there is evidence to the contrary. As a general rule a person who
completes the age of fifteen years is considered without distinction of sex to be adults
and possessed of the capacity to enter into legal transactions. The children of both sex
attaining majority are free to contract marriages without the consent of their guardians.
In Hindu Law Marriage is regarded not only as a civil contract but also as a
sacrament. Want of age does not render a person incompetent to marry and there is no
age fixed as the age of consent for marriage. But as investiture with the sacred thread

10
Dr. Maung Maung, Law and Custom in Burma (Myanmar) and the Burmese Family, 1963, p.57.
11
3 Ran 455.
 21

which takes place for the Brahmin, Khastriya and Vaisya ordiarlly at the ages of eight,
eleven and twelve veers, must precede marriage practically the limits of the
marriageable ages for these classes are eight, eleven and twelve years respectively; and
for the Sudan there is no limit at all. In Buddhist Law (Myanmar Customary Law) the
marriageable age for both sexes may be taken as fifteen or sixteen years. The seven
Dhammathats mentioned in Section 33 Volume II of the Kinwun Mingyi’s Digest make
it the duty of the parents to give their children in marriage on their attaining the age of
fifteen or sixteen years. The reason is obvious. So if the children who have attained the
age of fifteen or sixteen years fall into sin, the Dhammathats attach the blame to the
parents. The parents are to make suitable matrimonial alliances for them. But can the
children contract marriage themselves without the consent or approval of their parents
or guardians? A single Dhammathats mentioned in Section 35 of the Digest says,
“Marriage is valid when both the contracting parties as well as their parents agree to the
union, and it is invalid when one of the contracting parties does not, or both do not,
desire the union, although the parents may agree to it, or when the contracting parties
desire the union but their parents do not approve of it.” Now in Buddhist Law (Myanmar
Customary Law), marriage is a consensual contract. In Common Law a person below
eighteen is not considered as having attained the age of discretion and competent to
enter into a contract. A contract by a minor is no contract at all. A contract of marriage
is just as important if not more important, that an ordinary contract. An unhappy
marriage is attended with serious consequences, and youths are as a rule infatuated. So
this must have been the reason why the Dhammathats made the approval of the parents
essential. Unfortunately, in the case of boys the Dhammathats do not mentioned any
age limit. In consequence, the intention of the Dhammathats that becomes defeated. As
in Hindu Law the text speak of guardianship only with reference to females. So that
there is nothing in Buddhist Law (Myanmar Customary Law) to prevent a youth from
contracting a valid marriage without his parents’ consent at any times after he is
physically competent for marriage. He held that such a youth can be sued for breach of
promise marriage although he is under eighteen.
So, the Dhammathats speak of guardianship cited in Section 145 of the Digest
lay down that although a daughter may have borne ten children after elopement her
parents has still the right of giving her in marriage. But exception is attained the age of
twenty as well as women who have eloped with their lovers three times. Also under
 22

certain circumstances mentioned in Section 146 and 99 the consent of a woman under
twenty the consent either expressed or implied of the parents or guardians is necessary.
Held that at Myanmar Buddhist Law (Myanmar Customary Law), minor girl
under the age of twenty can contract a valid marriage without the consent or against the
will of her parents or guardians, or of the relation under whose protection she is living.
The Dhammathats do not specify the exact age at which a boy or girl could
validly become husband and wife. Such dhammathats as were extracted at Digest II, 33
exhorted parents to give their children in marriage when they are 15 or 16, and the
Manugye, VI, 28, makes a girl competent to marry on attaining puberty. But if the girl
is under 20 years of age and not a divorcee or widow, the consent of her parents or
guardians is requisite for a valid marriage. This consent may be express or implied and
consent subsequently given will validate the marriage. Manugye, VI, 22-24 and 28 as
also the Rajabala at Digest, II, 33 are authorities in this sense. In Crown Vs Chan Mya 12,
it was suggested that the rules in the Manugye, VI, 22-24 are based on the principle that
“if the girl is steadfastly determined to marry her lover and he continues of the same
mind, the rights of the guardians must give way before accomplished facts”. Would not
the true explanation be that these rules are in recognition of the fact that the parents by
their acts or omissions are deemed to have consented to the union or at least to have
acquiesced in the acts of their daughter? This, however, is a minor point. The law has
been settled by the Full Bench decision of the High Court of Judicature at Rangoon in
Ma E Sein v Maung Hla Min13. It was held no woman under the age of 20, unless she
is divorce or a widow, can contract a valid marriage, without the consent or against the
will of the parents or guardians or of the relation under whose protection she is living
and that consent may be implied or may be subsequently given. It was also held that
the consent, though subsequently given or implied, will convert the connection into a
valid marriage from the time of the unauthorized union. 14
Having regard to the provisions of Dhammathats and to the position of the
parents and guardians with reference to control over children, specially in the matter of
their marriage, there can be no doubt that no minor girl under 20 years of age can
contract a valid marriage without the consent or against the will of her parents or
guardian or of the relation under whose protection she is living. The consent of her

12
I L.B.R 297.
13
3 Ran 455.
14
Dr. E Maung, Burmese Buddhist Law (Myanmar Customary Law), 1969, Pp.33-34.
 23

parents or guardian is necessary to the marriage of a girl under 20 years of age, unless
she is steadfastly determined to marry her lover and the lover continues to be of the
same mind.15
Between these rules of the dhammathats and those of Hindu dhammashastras
there is no affinity. Manusamhita IX, 88 has: “A girl before having attained the proper
age of marriage should be duly married to a handsome, qualified husband of her own
caste”. Section 90 declares, “A girl, who has attained puberty, shall wait for three years
after the appearance of first flow; and after that she shall take a husband of her own
caste and status, without waiting for the consent of her guardian”. Section 91 goes on,
“for taking a husband herself, a girl not given away in marriage at the proper time by
her father, acquires no demerit, nor does the man who takes her as his wife.” 16
All doubts on the point have been set at rest by a Full Bench decision of the
Rangoon High Court which has declared that, except in the case of widows or
divorcees, a girl under 20 years of age cannot contract a valid marriage without the
consent either express or implied of her parents or guardian. 17
Although according to Manugye fourth elopement with a lover constitutes a
valid marriage even without the consent of the girl’s parents or guardian, provided the
girl is above 16 years of age, yet it is doubtful whether this method would receive
countenance at the present day.18
Hence it may be said that a spinster above 20 years of age or a widow of any
age or a divorcee of any age can marry a man of her choice without the consent of her
parents or guardian. But a spinster under 20 years of age cannot do so except with
consent of her parents or guardian. 19
Hence it may be said that a Myanmar Buddhist youth of any age can enter into
a valid marriage without the consent of his parents or guardian when attain puberty. But
before the completion of 16 years of age he is not competent to enter into a valid
promise to marry a girl in future. Until a girl has attained the age when she may marry
a man of her choice without the consent of her parents or guardian she should be given
away in marriage by some other person. The successive order of such persons who may

15
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.12.
16
Dr. E Maung, Burmese Buddhist Law (Myanmar Customary Law), 1969, Pp.34-35.
17
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.12.
18
Ibid.
19
Ibid.
 24

give a girl in marriage are the father, mother, brothers and sisters, nearest relations and
protector.

2.1.2 Consent of Parties

The most important element of the Myanmar Buddhist Marriage, which is
commonly described as a “consensual contract”, is consent. The consent of the parents
or the guardian is needed, as we have seen, if a girl is below the age of 20 and not yet
emancipated. Time has weakened the parental power and control however, and today it
is settled law and custom that the vital consent on which a marriage must be founded is
that of the parties themselves. 20
Free Consent means two or more persons are said to consent when they agree
upon the same thing in the same sense. 21
An agreement of parties to become husband and wife is an essential element of
marriage.22
A marriage between two Myanmar Buddhist is created by cohabitation coupled
with intent to become husband and wife presently and not in future. More elopement
without mutual consent and desire to marry and live as husband and wife in future does
not constitute a valid marriage. Without the free consent of bride and bridegroom there
cannot be a valid marriage. Consent reluctantly given under pressure is not sued free
consent as is required by law. Consent of parents or guardian is essential to the validity
of marriage of a minor, otherwise such marriage is a valid even if the minor consents
and there be sexual intercourse. 23
Consent is said to be free when it is no caused by coercion, undue influence,
fraud, misrepresentation and mistake. Consent is said to be so caused when it would
not have been given but for the existence of such coercion, undue influence fraud,
misrepresentation or mistake. 24
A minor’s want of capacity to enter into a contract of marriage is supplied by
the parents or guardian the minor. Consent of the parents or guardian must be express
or implied. Connivance on the part of the parents or that on the part of the father alone
to sexual intercourse amounts to consent. Though parents’ consent is essential for the

20
Dr. Maung Maung, Law and Custom in Burma (Myanmar) and the Burmese Family, 1963, p.57.
21
Section 13 of the Contract Act 1872.
22
Dr. E Maung, Burmese Buddhist Law (Myanmar Customary Law), 1969, p.35.
23
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.16.
24
Section 14 of the Contract Act 1872.
 25

validity of the marriage still a minor cannot be forced into a marriage against his or her
will.25 Every agreement in restraint of the marriage of any person, other than a minor,
is void.26
Where a bridegroom’s parents negotiate a marriage with the bride’s parents and
give them certain presents and this is followed by a ceremony at which is according to
the customs of the locality neither the bride nor the bridegroom and repudiates the
marriage the same day; such a marriage is not valid in spite of the ceremony as there is
not consent no the part of the bride. 27
Coercion is the committing or threatening to commit, any act forbidden by the
Penal Code, or the unlawful detaining or threatening to detain, any property, to the
prejudice of any person whatever, with the intention of causing any person to enter into
an agreement. 28
When a couple get married with the consent of their parents and ceremony,
according to the status and means of the parents, is gone through but they never live
together for a single day and the marriage is not consummated it does not constitute a
valid marriage. 29
Parents and guardians are liable to prosecution under the Child Marriage
Restraint Act when they consent to a marriage between a boy and girl where the boy
has not completed his eighteenth year and the girl has not completed her fourteenth
years.30
If any girl elopes before attaining majority the parents have a right to reclaim
the girl. A girl under 20 years of age cannot contract a valid marriage without the
consent of her parents or guardian. But the consent may be either express or implied.
Lack of consent may be made good by subsequent conduct. If a minor girl elopes and
subsequently returns to her parent’s village and lives with her man openly and to the
knowledge of her parents or guardian and they do not reclaim her, in such cases consent
is to be implied from the conduct of the parents or guardian, and consent though

25
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.17.
26
Section 26 of the Contract Act 1872.
27
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.17.
28
Section 15 of the Contract Act 1872.
29
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.17.
30
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.17.
 26

subsequently given or implied would convert the elopement into a valid marriage with
effect from the time of elopement. 31
In the case of “Ma E Sein v Maung Tun Aung” 32 is that a marriage between
Burmese (Myanmar) Buddhist is created by cohabitation coupled with intent to become
husband and wife. The expression "capacity to act in the matter of marriage" in s. 2 of
the Majority Act means the capacity to be a party to a valid marriage, and relates to the
acts of the parties by which their status is changed; the expression does not refer, and
is not applicable to, a pre-nuptial agreement to contract a marriage in the future.
The plaintiff, Ma E Kyi, a minor, sues Maung Tun Aung, also a minor, for
compensation for breach of promise to marry. They are Burmese (Myanmar) Buddhists,
and the plaintiff's case is that they had fallen in love with each other and gave way to
improper desires with the result that one day she found herself to be in the family way
and reported the fact to her mother, and that thereupon the mother spoke to the
defendant when he gave her a promise to marry the plaintiff, but subsequently he failed
to keep it. According to the case put, forward, it is evident that the act which resulted
in the pregnancy was not facilitated by, but has preceded, the alleged promise.
The main question that arises is whether, in view of the minority of the
defendant at the time of the alleged promise, it was valid and enforceable. If, as pointed
out in Maung Hmaing v Ma Pwa Me33, a breach of promise of marriag “must be decided
rather by the Contract Act than by the Buddhist Law (Myanmar Customary Law)” then,
in my opinion, the promise must be held to be invalid by reason of the defendant’s
minority and cannot, therefore, be the basis of a suit for compensation for its breach.
That a promise of marriage made by a Burmese (Myanmar) Buddhist would be tested
by the rules of the Contract Act and that a promise made by a minor male under the age
of 18 years without the consent of his parents was ordinarily voidable was held in the
case of Maung Tun Kyin v Ma Mai Tin34 by the judge who however, added that if the
minor had clandestine intercourse with the woman his parents were not at liberty to
withhold their consent to the marriage and that he was then bound by the contract and
could be sued for its breach.

31
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6 th
Edition, 1957, p.18.
32
14 Ran 215.
33
1872-1892 S.J 533.
34
1919-20 10 L.B.R 28.
 27

For these reasons and the fact that the question is of considerable importance
and interest to the Burmese (Myanmar) Buddhist community, especially to those under
18 years of age, in the regulation of their own conduct in an important social matter.
Tun Aung for the applicant. The promise to marry made by the defendant-
appellant is not enforceable in law because at the time he made the promise he was
under 18 years of age. He might have been “physically competent" to enter into a
marriage as understood by the Burmese Buddhist Law (Myanmar Customary Law), but
a promise to marry stands apart from the marriage itself. The marriage itself is governed
by the personal law, but the contract to marry, which is only a prelude to the marriage,
is governed by the general law of the land, namely, Section 11 of the Contract Act and
Section 3 of the Indian Majority Act.
E Maung for the respondent. A suit for damages for breach of a contract to
marry is ordinarily governed by the Contract Act. Section 11 of the Act deals with
capacity to contract, and uses the words" according to the law to which he is subject",
which necessitates a reference to the Indian Majority Act. S. 2 of that Act exempts from
its operation cases of marriage, dower, etc., and this is how the Burmese Buddhist Law
(Myanmar Customary Law) becomes operative.
The words “to act" in the matter of marriage were the subject of consideration
and a suit for the dissolution of marriage was held to be “acting” in the matter of
marriage.
Under s. 2 of the Majority Act a minor would be competent to contract a valid
marriage when he is of age under his personal law. If he is competence to contract a
marriage he must be equally competent to make an agreement to be married which
precedes the actual marriage. Held that Minor’s contract to marry is “Capacity to act in
the matter of marriage”. Myanmar Buddhist Marriage is the cohabitation with intent to
become husband and wife in present and promise by Myanmar Buddhist Minor to
marry. The expression “capacity to act in the matter of marriage” in Section 2 of the
Majority Act means the capacity to be a party to a valid marriage and relates to the acts
of the parties by which their status is changed; the expression does not refer and is not
applicable to a prenuptial agreement to contract a marriage in the future.
 28

Although there was no valid marriage to start with, the connection might be
converted into a valid marriage by consent, express or implied, of the parent or guardian
given to it afterwards. 35
The consent of both parties would be sufficient and that the early rule requiring
them to live and eat together must be deemed obsolete under conditions of Modern
Myanmar.36
The consent must be that of the parties themselves neither a youth nor a woman
can be married against his or her will. 37 Where consent cannot be proved directly it may
be indirectly inferred from the conduct of the parties or be established by reputation.
As there exist in Myanmar, side by side with lawful marriage connexions less
honourable than and not constituting marriage in the legal sense, it has been pointed out
that evidence of conduct or reputation must be accepted with reserve. 38
Consent of the parties to marry, their intention to enter the status of husband and
wife, are the large factors in a marriage, proof of which therefore turns on conduct
showing the consent and the intention. 39
Hence it may be said that there must be free consent of the bridegroom and the
bride to live as husband and wife thenceforward followed by consummation in order to
constitute a valid marriage. But in the case of a minor’s marriage there is the additional
necessity for the consent of the minor’s parents or guardian. Consent of both parties is
essential to the contract of marriage.

2.1.3 Sound Mind of Parties

Mutual consent of the parties, freely given, by tests laid down in section 14 of
the Contract Act, and where the parties are of sound mind as tested by Section 12 of the
Act, is the indispensable ingredient. 40
Insanity of either party is a bar marriage. 41 Every person is competent to contract
who is the age of majority according to the law to which he is subject, and who is of
sound mind, and is not disqualified from contracting by any law to which he is subject. 42

35
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law)
(Myanmar Customary Law), 6th Edition, 1957, p.18.
36
Ma Gywe V Ma Thi Da 2 U.B.R 1892-96 194.
37
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.19.
38
Ibid.
39
Dr. Maung Maung, Law and Custom in Burma (Myanmar) and the Burmese Family, 1963, p.58.
40
Ibid, p.57.
41
Dr. E Maung, Burmese Buddhist Law (Myanmar Customary Law), 1969, p.35.
42
Section 11 of the Contract Act 1872.
 29

Myanmar Buddhist of sound mind who has attained the age of 18 years, or if a
woman has attained the age of 20 years, may make a valid promise of marriage. 43 The
Myanmar Buddhist youth is free to enter into a valid contract of marriage (using the
expression in its ordinary meaning of an agreement to marry in the future) provided he
has attained the age of eighteen years and is of sound mind. 44
The position with regard to the capacity of a Myanmar Buddhist woman to enter
into such a contract is more difficult, for consideration has to be given to the effect of
the rule that a girl under the age of twenty (unless emancipated from parental control
by a prior marriage which has been determined by death or divorce) cannot marry
without the consent of her parents or guardians (if any). It is, therefore, clear that an
unmarried girl below the age of twenty cannot, without the consent of her parents or
guardian, make a valid promise of marriage the performance of which is to take place
before she attain that age. But can she, with the consent of her parents, make a valid
promise at the age of eighteen to be married at nineteen? On principle there would
appear to be no objection. Whether a girl, aged 19, having parents but without their
consent, can make a valid promise to be married when she attains the age of 21 is not
free from doubt. Such a contract would appear to be repugnant to the spirit of Myanmar
Customary Law and the Court might hold the promise to be invalid on that ground. 45
So that the parties agreed to become husband and wife must need good mind
and good person because if one party is idiot or sound mind, this marriage is not legal
and is only voidable. Myanmar Society is strongly bar that sound mind person cannot
be marriage. In the aspect of lawfully, the law can deemed that the sound mind person
cannot competent to contract and if the sound mind person make a contract, it is already
voidable at the time of making the contracting as legally.

2.1.4 No Valid Subsisting Marriage for woman

Myanmar Ethnicity Men had the right to married many wives in the ancient
period. But Myanmar women had no right to married many husbands. So that if the
woman marry the other man even she is married, the man not her husband can be sued
as lawfully. This offence is called the offence of adultery for the man and the girl was

43
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.22.
44
Ibid.
45
Ibid, p.24.
 30

prosecuted for same offence with concealment of former marriage from person with
whom subsequent marriage is contracted.
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
shall be punished with imprisonment of either description for a term which may extend
to seven years and shall also be liable to a fine.
Explanation- this section does not extend to any person whose marriage with
such husband or wife has been declared void by a Court of competent jurisdiction, nor
to any person who contracts a marriage during the life of a former husband or wife, if
such husband or wife, at the time to subsequent marriage, shall have been continually
not have been heard of by such person as being alive within that time, provided the
person contracting such subsequent marriage shall, before such marriage take place,
inform the person with whom such marriage is contracted of the real state of facts so
far as the same are within his or her knowledge. 46
The section bar that if the man and woman become spouses, the parties cannot
married the other man or woman to become spouses. The fact of doing called the
adultery. But exception is not relate that does not extend to does not extend to any
person whose marriage with such husband or wife has been declared void by a Court
of competent jurisdiction and after husband or wife become at the time of marriage,
man or woman are not come to appear during the space of seven years continuously or
doesn’t known alive husband or wife at the time of space or the husband or wife shall
explain honestly the facts of the first before the second marriage.
Whoever commits the offence define in the last preceding section, having
concealed from the person, with whom the subsequent marriage is contracted the fact
of the former marriage, shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine. 47
In the case of “Maung Kyaw Myint v Union of Myanmar and Ma Khin Mar
Myint” 48 is that Maung Kyaw Myint and Ma Khin Mar Myint married in Swar
Township under Myanmar Customary Law in the front of guest. Maung Kyaw Myint
have the first wife and also has two children. Maung Kyaw Myint declared advertise in
newspaper because they are competent to divorce due to that his wife eloped the other

46
Section 494 of the Penal Code 1861.
47
Ibid, Section 495.
48
1979 B.L.R 10.
 31

man. And then Maung Kyaw Myint married with Ma Khin Mar Myint again as openly
living spouses.
After they are openly living marriage, Maung Kyaw Myint attended to the
Central Civil Service Training in Phaung Gyi. And also Ma Khin Mar Myint went to
live with her parent in Swar Township. At this time, the first wife of husband come to
admitted her fault. So, he accepted her admitted due to his children and then they
restituted. The Second Wife applied the application to the Court in Ya Tar Shae, the
reason is the restitution of his first wife, not even maintenance and abandon of her. The
Court accepted her application and then prosecuted with charge the case.
In the trial of this case, the Court found that the second wife already know that
he has married with the first wife and also known to declare in newspaper. In addition,
the court is of the opinion decided that she is not satisfied the restitution of his husband
and wife. So that the court decided this case that the Myanmar Buddhist Man is not
relating with Section 495 of the Penal Code.
Held that this Section 495 of the Penal Code is always relevant that husband or
wife is making adultery when the spouses of first marriage still not divorce. But
although the legally husband and wife make the marriage again that is committed the
offence of section 495 of the penal code, if the Myanmar Buddhist woman even
knowing the man has married, is accepted to marriage that is not meant committing the
offence of this section 495 of the Penal Code.
The Buddhist Law (Myanmar Customary Law) recognized polygamy, and that
a Buddhist might marry two or more women at the same time, and that they might all
have the status of a wife and not that of a concubine, that the woman first married was
the chief wife and that as long as she was not divorced her status could not be lowered
by any conduct of her husband except perhaps if she were barren. 49
So the Myanmar Society defined that the Myanmar Buddhist Woman must not
valid subsisting husband in marriage. After enacted of the law relating to the
Monogamous System, the fact of the above cases slowly disappear. This aim of the law
is to protect polygamous system for especially Myanmar Buddhist Woman. So that, the
statement of the law relating to the Monogamous System are as follow;

49
Mi Kin Gale V Mi Kin Gyi 1 U.B.R 42.
 32

Any man or woman so far as not contrary to the provisions of this law, may
marry legally in accord with any existing law, religion or customs. 50 The marriage of
man or woman according to any existing law, religion or custom after this law comes
into force is legal only by exercising monogamy. 51 The marriage between Buddhists is
legal if it is in conformity with the Myanmar Customary Law so far as not contrary to
this law.52 The marriage of Buddhist woman and non-Buddhist man is legal when it is
in conformity with the law relating to the Special Marriage for Myanmar Buddhist
Women so far as not contrary to this law. 53 The marriage between non-Buddhists is
legal according to their respective law, religion or custom so far as not contrary to this
law.54
After the enforcement of the Law relating to Monogamous System, Man and
woman living throughout the Myanmar legally contract to marriage or religion or
custom in the doing of marriage must be legal that is using of this law.
The man or woman who has legally married with one or more according to any
law, religion or custom shall not remarry with another or illegally live together as
husband and wife during the marriage is valid form the date of coming into force of this
law.55
The man or woman may remarry with another by declaring such former
marriage and submitting the proof of legal divorce with the former spouse if he or she
is married.56 No one shall remarry or illegally live together as husband and wife during
the marriage is valid according to any law, religion or customs. 57
Therefore, the Law relating Monogamous System is strongly protect for the
Myanmar Matrimonial Right especially for woman. And this law must prohibit
polygamy system. According to this law, there must not have valid subsisting marriage
in man and woman who are agreed to become spouses, notwithstanding anything
defined for woman that there is not valid subsisting husband while she marry at that
moment. So according this law, every woman in Myanmar can marry at the time being
in law or religion or customs to any man but not contrary to this law. But marriage

50
Section 5 of the Law relating to the Monogamous System 2015.
51
Ibid, Section 6.
52
Ibid, Section 7.
53
Ibid, Section 8.
54
Ibid, Section 9.
55
Ibid, Section 10
56
Ibid, Section 11.
57
Ibid, Section 12.
 33

between Buddhists is legally deemed marry not contrary to this law even under
Myanmar Customary Law. However, even man or woman want to agree spouses, they
must be obey the provision of this law because this law still enforced in the present day.

2.1.5 Openly Living as Spouses

A marriage between Myanmar Buddhist is created by cohabitation is merely a
way of publishing to all the world that the cohabitation, which is intended to follow it,
is with the intention of creating a marriage tie between the couple. Cohabitation means
living in conjugal relationship, not a clandestine arrangement. There must be an open
avowal of the married status, going together to the pagoda and the monastery of which
romantic Myanmar Songs sings so fondly and “eating together in public” being conduct
of such nature. Conduct must lead friends, neighbours and relatives, to accept the
parties as husband and wife, not merely feed them with food for gossip. 58
Admission of status, joint visits to places of worship, joint acts of charity, the
treatment accorded to the man by the woman’s parents and relatives, and that accorded
to the man by the woman’s parents and relatives, and that accorded to the woman by
the parents and relatives of the man, the character and position of the woman and her
parents and acting jointly in making or taking conveyances of property are relevant
facts to consider. 59
Cohabitation with the required repute, as husband and wife, is the matrimonial
relation. The evidence to establish the marriage must be stronger. Marriage technically
is not constituted but evidenced by habit and repute which for that purpose must be
uniform and positive. 60
The rule is reaffirmed that presumption of a valid marriage may be drawn from
long cohabitation with repute of marriage. In the latter case, the Privy Council cautioned
that “it is necessary before applying this presumption to make sure that we have got the
conditions necessary for its existence. It is not superfluous to suggest that first of all
there must be some body of neighbours, many or few, or some sort of public, large or
small, before repute can arise. 61
It is stated, “The only form of marriage essentially necessary is that the parties
declare openly in the presence of witness called together for the purpose that they are

58
Dr. Maung Maung, Law and Custom in Burma (Myanmar) and the Burmese Family, 1963, p.58.
59
Ibid, p.58.
60
Dr. E Maung, Burmese Buddhist Law (Myanmar Customary Law), 1969, Pp.37-38.
61
Ma Wun Di V Ma Kin 4 L.B.R 179.
 34

husband and wife, and that they should eat together in public out of the same dish.
Although this is said to be the only form or ceremony of marriage essentially necessary,
yet proof even of this ceremony having been performed is not absolute required to
render the offspring of a couple legitimate, especially where the parties are no longer
young, or have been married before and have lived openly together for any length of
time as husband and wife. It is clear from this that agreement of the parties to be
husband and wife was considered to be necessary and sufficient for the creation of
marriage status; cohabitation and repute were only presumptive evidence, in the
absence of direct proof, of such an agreement. 62
Maung Maung v Ma Sein Kyi63 and U Tun Yin v Maung Ba Han64 defined what
“repute” of being husband and wife meant. It was laid down in these cases that a bare
statement by witnesses that the couple are man and wife is not evidence of such repute.
It is the conduct of the parties themselves from which it can be inferred that they treated
each other publicly as husband and wife or from the conduct of friends and neighbours,
who treated them as husband and wife which is admissible as evidence of repute. 65
Open living together as husband and wife gives rise to a presumption of marriage. 66
Where there is a dispute and proof of marital status has to depend only on habit
and repute, then the facts have to be carefully examined, and a bare statement by a
witness that the couple are husband and wife is held insufficient. Doubtless the laws
which dispense with ceremony and registration leave the door open for uncertainty,
mistake, and fraud but in this respect other civilized nations have to encounter the same
evils and the only remedy is by legislation. It has become popular and fashionable with
the young people these days to go to a judge or magistrate and sign affidavit, in the
presence of a few friends and elders, stating their competence and intention to marry.
The affidavit is then kept by the parties, the young man keeping the young woman’s
and vice versa, as “certificate” of marriage and proof. This procedure saves the expense
of big ceremonies and receptions is quicker and looks more “legal” in that there are
documents to keep which bear stamps and seals and signatures. 67

62
Dr. E Maung, Burmese Buddhist Law (Myanmar Customary Law), 1969, p.36.
63
1940 Ran 562.
64
1949 B.L.R 443 H.C.
65
Dr. E Maung, Burmese Buddhist Law (Myanmar Customary Law), 1969, Pp.39-40.
66
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.20.
67
Dr. Maung Maung, Law and Custom in Burma (Myanmar) and the Burmese Family, 1963, Pp.58-59.
 35

An examination of the Dhammathats texts, relied upon by the learned Judge is

called for to find if they hold consummation essential to perfect the relation of husband
and wife.68 The Kyannet extract is self-contradictory. The statement that “the
contracting parties according to the second kind of marriage, acquire after the
consummation of marriage, the full status of husband and wife” clearly implies that
consummation is not necessary where the parties were married according to six other
kinds of marriage. This leads to absurdity. 69
The Dhammathats extracted at Digest II, 48 and 49 relate to arrangements by
which parents, without consulting the daughter’s wishes give the daughter in marriage.
In such cases consummation is relevant as proof of the daughter’s ratification of her
parent’s arrangement. 70
It is clear that the text contemplates two different sets of circumstances. One is
where parents give their daughter to a man out of goodwill and another where the
daughter out of mutual desire is intimate with a man. Where parents, out of goodwill to
the man, give him their daughter, he does not become her husband before
consummation. Consummation in this case is relevant as proof of the daughter’s
ratification of the arrangements made, ex hypothesis behind her back, between her
parents and the man. 71
The texts at Digest II, 81-82 affirm the right of the daughter to repudiate the
man to whom her parents had given her, if she dislike him. She can either simply refuse
consummation and stay on at the parental home or elope with a man of her own
choice.72
The early jurists dealing with a state of society, where patriarchal power was
supreme court not envisage marriage, involving a change in the potestas of the daughter,
except as a contract by the parents in which the daughter had no part and in describing
the various reasons for parents in agreeing to give the daughter in marriage, little notice
was given to the daughter’s part therein. The next stage in development would be to
recognize the option of the daughter to repudiate the contract of her parents by refusing
consummation. The third and last development came where the parents can, at the
utmost, refuse consent to the marriage of a minor daughter to the man of her choice.

68
Dr. E Maung, Burmese Buddhist Law (Myanmar Customary Law), 1969, p.42.
69
Ibid, p.43.
70
Ibid.
71
Ibid, p.44.
72
Ibid, Pp.44-45.
 36

That this stage of development had arrived at the latest by the early 18 th Century is
evidenced by the Dhammathats of the Alaungpaya period allowing the daughter to
over-rider the parents’ veto by remaining steadfast to the man of her choice. By then,
consummation even as of evidentiary value, lost its importance. 73
The validity of the rule requiring consummation to perfect Myanmar Buddhist
marriage was reconsidered. After an examination of the authorities came to the
conclusion that consummation is not an essential element in constituting the relation of
husband and wife. 74
In the case of “Ma Hla Me v Maung Hla Baw”75is that this appeal arises out of
a suit for restitution of conjugal right brought by the respondent against the appellant.
The case for the respondent was that the parties had been married with a somewhat
elaborate ceremony, that after the ceremony they lived together as man and wife in the
house of the appellant’s parents, that after this he had been driven out of the house and
refused access to his wife, so he filed the suit for restitution of conjugal rights.
The defence was that there was no legal marriage between the parties and they
never lived together for a single day. It was further· apart of the appellant's case that
the parents of the respondent had agreed to contribute Rs. 1,000 towards the marriage
expenses and as a present for the bride; that they had paid only Rs., 500, that the
remaining Rs. 500 had not been paid on or before the date of the marriage ceremony
and that; alternatively, if it were help that the parties had been regularly married the
bride's parents were entitled to withhold her from the bridegroom until .the money
promised had been paid in full.
There was no dispute with regard to the fact that all preparations fora grand
wedding took place. According to the respondent the wedding ceremony was completed
and they thereby became husband and wife. According to the appellant the ceremony
was never complete; the proceedings were broken up owing to the bride's parents
proclaiming that they had been treated like dogs and then the bridegroom's parents
collected all the paraphernalia used for the feeding of the guests and carried it away.
Held that where in a second appeal, the lower appellate Court has not come to
a clear finding of fact on any issue, the High Court is competent to deal with the
question of fact. Held also that if a Myanmar Buddhist Couple go through a marriage

73
Dr. E Maung, Burmese Buddhist Law (Myanmar Customary Law), 1969, Pp.45-46.
74
Maung San Aung V Ma Kyi Kyi Way 1963 C.C 995.
75
8 Ran 425.
 37

ceremony customary to persons in their state of life, but the ceremony is not followed
by cohabitation, so that the marriage is never consummated, the marriage tie does not
exist between the parties.
The single Judge decision in Ma Hla Me’s Case had its weight enhanced by the
definition given of marriage therein being acted upon in the full bench decision in
Maung Tun Aung v Ma E Kyi76 and in later decisions, where, however, the question of
consummation did not arise.77
One element of a valid marriage over which some doubt has been cast is
consummation. In the Ma Hla Me v Maung Hla Baw before the High Court, a suit in
which the “husband” sued for restitution of conjugal rights on the ground that a
marriage ceremony has been performed and he had lived with his “wife” in the home
of her parents until he was driven out and denied access to her, the defence was
successfully put up that there was in fact no consummation, and therefore no valid
marriage. A search for reliable authority on the question was made, only to discover the
great dearth. An earlier case, in which the validity of a marriage was in issue, was
referred to, but it was found that there the parties not only performed a ceremony but,
as if to make things doubly sure, had eloped before, and lived together in the same
house after and, there was no difficulty in finding that marriage was established. In
rejecting the petition for restoration of conjugal rights by holding the marriage
unconsummated, and thus invalid, the judge held that the “living together” that
constituted evidence of a Myanmar marriage meant more than “living together in the
same house” but was a “refined equivalent for cohabitation”. Neither the customs of
Myanmar Society today, nor the Dhammathats where they do touch on the subject,
though lightly, seem to fully support the decision. 78
Where a man has a wife and visits another woman with whom he never goes
out in public, or associates her with his relatives and friends, such woman cannot claim
to be a wife. 79
Therefore, there are essential element of marriage in Myanmar Society under
Myanmar Customary Law. In Marriage, the Myanmar Society identified that the man
attain puberty who have good health, the girl attain twenty years of age and above but

76
14 Ran 215.
77
Dr. E Maung, Burmese Buddhist Law (Myanmar Customary Law), 1969, p.46.
78
Dr. Maung Maung, Law and Custom in Burma (Myanmar) and the Burmese Family, 1963, p.59.
79
Ma Kyin Mya V Maung Sit Han 1937 Ran 103.
 38

if not the age, the parent contain the consent in marriage, consensual mind of parties,
competent entered into contract and also have suitable mind, the woman has no
subsisting husband before marriage but now, under the law relating to Monogamous
system, there are no legal subsisting spouses in marriage for both parties and officially
consummation in openly living together as spouses.

2.2 Ceremony not Necessary

No formal ceremony or solemnity is requisite to constitute a valid marriage. All
that is necessary (save where the bride is under 20 years of age and has not previously
been married) is the living together by mutual consent of a man and woman as husband
and wife. Actual cohabitation is an essential element, and where the woman is under
the age of 20 years and has not previously been married the consent of her parents or
guardians is necessary. 80
A marriage between Myanmar Buddhist, neither of whom has been previously
married, is ordinarily accompanied by a ceremony attended by the neighbours of the
couple. There is however no recognized ceremony, as tis regulated almost entirely by
the finances and wishes of the parties. The ceremony, therefore, does not in itself
establish the relationship of husband and wife. 81
Where the parties to a marriage are previously married (eindaunggyi) or where
one of the parties has been married before, no particular ceremony or form is essential
to constitute a valid marriage. A public living together as husband and wife is all that
is required to constitute a valid marriage between eindaunggyis. Some texts writers
thinks that in the case of persons who have never been married before ngelin-ngemaya
some measure of formality or ceremony is necessary by established custom. But the
Yangon High Court has recognised a married without any ceremony between ngelin-
ngemaya as valid. In a recent case it has been declared that its special ceremony is
necessary to constitute a valid marriage between Myanmar Buddhists. If any ceremony
takes place it is no more than evidence whereby the fact of mutual agreement can be
proved.82
But as a matter of fact in all such marriage between ngelin-ngemaya there is
always an assemble of elders (lugyis) and some sort of entertainment evidencing the

80
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, Pp.18-19.
81
Ibid.
82
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.10.
 39

wedding. Tea party is the commonly form of entertainment. A stone-fee (gebo) has to
be given to the hooligans (kalathas) of the locality to prevent them from throwing stones
at the wedding house, a practice well recognised by customs. It is customary for the
parents or guardians of the young couple to give wedding presents and to invite friend
and relations to witness the marriage which takes place in the house of the bride. The
married couple go pagodas together, visit and receive friends together and live openly
as man and wife. 83
On the marriage of persons who have not been married before an entertainment
is usually given at which tea is drunk. Gifts are presented to the headman of the quarter,
and the throwing of stones on the roof of the house occupied by the wedded pair is a
not uncommon feature. The presence of these incidents is of importance as tending to
show that the union was that of legal marriage. 84
In the case of persons who have been married before it is not, however usual to
have any entertainment. Eating together is some evidence of marriage but, as was
pointed out is Mi Me v Mi Shwe Ma 85 case, it is rather an outward and visible sign of
social equality than proof of matrimony. 86
In the present state of society no marriage is contracted without some sort of
show or entertainment or without the knowledge of the people of the locality where the
parties reside. 87
Where there is a formal ceremony with the prior consent of the contracting
parties or where public announcement has been made by the contracting parties or with
their consent, by the parents, there can be no difficulty in determining the status of the
parties. But where such direct evidence is not available and proof of status depends
wholly or mainly on conduct and repute the circumstances of each case must be
scrutinized with care to see that the conduct and repute proved are of the status of
marriage.88
It merely giving a resume of previous decisions that consent of the parties is
essential, that there is no ceremony which is essential and that it is customary with a

83
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.10.
84
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.20.
85
1 U.B.R 111.
86
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.20.
87
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.11.
88
Dr. E Maung, Burmese Buddhist Law (Myanmar Customary Law), 1969, p.50.
 40

couple, neither of whom has been previously married, to have their marriage
accompanied by a ceremony attended by neighbours of the couple. 89
Hence it may be said that no special ceremony is necessary to constitute a valid
marriage between two Myanmar Buddhists, whether ngelin-ngemaya or
eindaunggyis.90
However, Myanmar deemed that marriage ceremony is not necessary from the
long ago. This idea is not safe for women because there are not necessary entered into
marriage contract in Myanmar Society from the ancient time. So it evolved many
problems for matrimonial case and lost many rights and opportunities because of no
evidence for marriage. But nowadays, it is so many different. In present day, it must
entered into contract and make at least one ceremony for marriage even the parties are
not Buddhist. It become more safety for woman and legally evidence for marriage.

2.3 Marriage with Non-Buddhist

During the early time, the Myanmar Ethnicity can marry amongst Myanmar
Buddhist and even also make granted to permission marriage with non-Buddhist. There
is no problems between Buddhism in marriage because Myanmar woman still might
have the matrimonial rights and many opportunities even the loss of rights. But in
making the marriage with Non-Buddhist, many of Myanmar woman are more lost and
restraint her rights than marriage with amongst Buddhism. To deterrent the loss of her
matrimonial rights and opportunities made to release the law that is Myanmar Buddhist
Women’s Special Marriage Law 2015. The origin of this law come to make the Special
Marriage and Succession Act 1954. But nowadays this act repealed with the Myanmar
Buddhist Women’s Special Marriage Law 2015.
The ordinary courts, and not ecclesiastical courts or special family courts,
determine questions of Myanmar Customary Law of the family. There is, therefore, no
problem of parallel systems of courts competing for jurisdiction. Conflicts have,
however, occurred in the choice of law between Myanmar Customary Law and Chinese
Buddhist Law (Myanmar Customary Law) when the parties to a family dispute are
Myanmar Buddhist and Chinese Buddhist. Many of the conflicts, traceable on the one
hand to the vague notion of “personal law” and to the interpretation of Section 13(1) of

89
E Mai and one v Ma Kyi and one1948 B.L.R 625.
90
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.11.
 41

the Burma (Myanmar) Laws Act on the other, have been resolved by judicial decision
and legislation. 91
Though the Myanmar Customary Law of the family as such as not be codified,
a few statues have been made supplement it where the need is felt. The protection of
Myanmar Buddhist Women who enter into unions with non-Buddhist resident in the
country is a subject that has called for legislation on considerations of policy. Early
legislation merely provided the forms and procedures by which valid marriages might
be contracted between persons who professed the Buddhist faith and those who did not;
Buddhist women who availed themselves of the provisions of the Acts received the
status of wife, their children legitimacy, even though the marriage and the family came
under statutory laws other than the Myanmar Customary Law. The Special Marriage
Act 1872, the first in a series of such acts, required that neither party must, at the time
or the marriage, have a husband or a wife living; the man must be 18 years old at least;
and the woman at least 14 years; if below 21, each party must also have the consent to
the parents or guardian; the parties must not be related in any degree of consanguinity
or affinity according to any law to which either of them was subject. Due notice of
intention to marry must be filed with the Registrar of the district, and in the absence of
objections, the marriage could be solemnized with the parties and three witness signing
a declaration in the presence of the Registrar. A marriage contracted under the Act must
be monogamous, whatever the religion of the man or the woman might be, and if he or
she belonged to an undivided family by the law or custom of his or her religion the
marriage severed that family tie. 92
Myanmar Customary Law of marriage is not applicable to the marriages of non-
Buddhists celebrated during the reign of the Buddhist Kings of Myanmar. 93
Before the passing of the Buddhist Women’s Special Marriage and Succession
Act 1954, the position of a non-Buddhist husband’s Myanmar Buddhist wife was very
unfavorable to her. But it is no longer so from the 1 st April 1940 when the Act came
into force.94
A Buddhist Woman belonging to any of the indigenous races of Myanmar and
a non-Buddhist man can how contract a valid marriage without in an way effecting the

91
Dr. Maung Maung, Law and Custom in Burma (Myanmar) and the Burmese Family, 1963, p.59.
92
Ibid, p.70.
93
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.20.
94
Ibid, p.29.
 42

position of the woman by giving a written notice in the prescribed form to the Registrar
of Marriages of the Villages. 95

2.3.1 Marriage with Mahomedans

As Myanmar Buddhists are not followers of any revealed religion believing in
one God, so on marriage is valid between a Mahomedan and a Myanmar Buddhist
unless the latter embraces the Mahomedan faith or any other revealed religion believing
in one God and the marriage is celebrated according to the rites of the Mahomedan
faith. In all cases where according to Mahomedan law unbelief or difference of creed
is a bar to marriage with a true believer, it is enough if the alien in religion embraces
the Mahomedan faith. 96
If the converted Myanmar apostatises from the Mahomedan faith the marriage
tie is immediately dissolved without decree of Court. Formal renunciation of the faith
in Mahomedanism is all that is required for apostasy. It is immaterial whether the
motive of the renouncer is genuine change of faith or a mere device to have the marriage
dissolved. Uttering of words against the Mahomedan faith or any oral act of faith in any
religion other than Mahomedanism constitutes apostacy. 97
When a Mahomedan marries a non-Kitabi spinster the marriage is not void but
merely invalid and the offspring of that union will not be illegitimate but legitimate
issue of their father. But see the Buddhist Women’s Special Marriage and Succession
Act (Burma (Myanmar) Act No. 24 of 1939).98 But this act was repealed with Myanmar
Buddhist Women’s Special Marriage Law 2015.

2.3.2 Marriage with Hindu

A Hindu cannot contract a legal marriage with any woman unless she belongs
to his own caste; the caste cannot contract a valid marriage in the orthodox style with a
Myanmar Buddhist.
The law is not so strict with those Hindus. Until the contrary is proved, a Pariah
or Panchama can contract a valid marriage with a Myanmar Buddhist. The legal
difficulty of a valid union between a Hindu and a Buddhist has been solved by an
amendment of Special Marriage Act. But see the Buddhist Women’s Special Marriage

95
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6 th
Edition, 1957, p.29.
96
Ibid, p.21.
97
Ibid, p.22.
98
Ibid, Pp.22-23.
 43

and Succession Act 1939.99 But this act was repealed with Myanmar Buddhist
Women’s Special Marriage Law 2015.

2.3.3 Marriage with Christians

A Christian can contract a valid marriage with a Myanmar Buddhist provided
the marriage is solemnised according to the provision of Section 5 of the Christian
Marriage Act. After such a union the Myanmar Buddhist cannot claim a divorce under
the Indian Divorce Act for Section 2 of the Act stands in the way. 100
If a Myanmar Buddhist embraces Christianity and marries a Christian in a valid
way and subsequently reverts to Buddhism, he or she is not thereby entitled to contract
a second marriage with a Myanmar Buddhist so long as the tie of Christian Marriage
remains intact, for apostasy does not cancel a Christian marriage. The husband of a
Myanmar Buddhist couple by embracing Christianity cannot automatically dissolve his
former marriage, for change of religion does not dissolve the Myanmar Buddhist
Marriage tie.101
But where the parties are married as Christians and afterwards the husband
abandons the Christians faith, the wife may claim a divorce under the Divorce Act. But
see the effect of Buddhist Women’s Special Marriage and Succession Act 1939.102 But
this act was repealed with Myanmar Buddhist Women’s Special Marriage Law 2015.

2.3.4 Marriage with Chinamen

A Chinese Buddhist can contract a valid marriage with a Myanmar Buddhist.
But as regard the requisites of such a marriage the law has passed through different
stages. At first the law required that the marriage should be celebrated not only
according to Myanmar Custom but also according to Chinese Custom. Later on the
necessity of performing some Chinese ceremonies was not insisted on and ultimately
such ceremonies were declared to be unnecessary. 103
Where a Chinese Buddhist contracts a marriage with a Myanmar Buddhist
Woman under the Myanmar Customary Law, a marriage ceremony is not requisite

99
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, Pp.22-23.
100
Ibid, p.24.
101
Ibid.
102
Ibid, p.24.
103
Ibid, Pp.24-25.
 44

mutual consent to live together as husband and wife is sufficient to constitute a valid
marriage amongst them. 104
In the case of a Marriage in Myanmar between Chinese Confucian and a
Myanmar Buddhist Woman the Myanmar Customary Law regarding marriage is prima
facie applicable as lex loci contractus which requires nothing more than mutual
agreement to become husband and wife followed by consummation. 105
Hence it may be said that a valid marriage can be contracted between a
Chinaman, whether Buddhist or Confucian, and a Myanmar Buddhist woman without
any ceremony by mere mutual agreement to become husband and wife thenceforward
followed by consummation, provided the parties are capable as regards age and mind
as contemplated in Myanmar Buddhists Law. But see Section 6 and 7 of Burma
(Myanmar) Act 1939.106 But this act was repealed with Myanmar Buddhist Women’s
Special Marriage Law 2015.
After the release of the Myanmar Buddhist Women’s Special Marriage Law
2015, any person who are Buddhist or not obey this law on the case of marriage, they
are
A non-Buddhist man who solemnized the marriage or deemed to solemnize the
marriage under this law, shall in respect of profession of a Buddhist woman: allow the
Buddhist woman to profess her religion freely according to her faith; allow the children
born with the Buddhist woman to profess their religion freely on their own volition;
allow the Myanmar Buddhist woman to keep and profess Buddha images, Buddha
pictures, pictures of pagoda, pictures of Buddhist monks and utensils related to
Buddhism at home of husband and wife; allow the Myanmar Buddhist woman for
donation, worship, reciting damma and payaik, counting beads, listening to religious
sermon, meditation, visiting to pagodas and monasteries, keeping sabbath, keeping,
studying, looking and listening to Buddha literature and scripture and performance
related to Buddhism; not cause to renounce the religion of the Myanmar Buddhist
woman by any means and to convert her to his religion or to any other religion; not
destroy or damage or defile the place of worship or sacred object of the woman with
the intention to insult the Buddhism; not insult the religious faith of the Myanmar

104
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6 th
Edition, 1957, p.26.
105
Ibid.
106
Ibid, Pp.26-27.
 45

Buddhist woman in words, writing, distinct posture, gesture or manner; when the
Myanmar Buddhist woman has died, allow to burial according to the Buddhist
custom.107
When the Myanmar Buddhist woman has died, allow to burial according to the
Buddhist custom. 108
If the cohabitation between a non-Buddhist man and a Myanmar Buddhist
woman is amounted to the cohabitation under Myanmar Customary Law:
a. They shall be deemed to solemnize the marriage at the beginning of such
cohabitation and it shall be deemed to solemnize the marriage under this Law;
b. Any one may apply to the Registrar for the issue of marriage certificate under this
Law at any time from the date of cohabitation of this couple. 109
In the marriage of foreigner and Myanmar Buddhist Woman, they must obey in
the following procedure.
1. The Court must check on the statement valid or not that is obviously make to
marry with free consent and really agree to become spouses from making the
affidavit of oaths.
2. The persons who making the affidavit of oaths is Buddhism or not.
3. They have the capacity to make the marriage or not.
4. The statement in the oath is truth or not.
5. The making of oaths is restrict from illegally facts and is clearly make with
their free consent.
If the above statement is true, they can make a marriage in front of the judge
and the judge must record the marriage of the Foreigner and the Myanmar Buddhist
Woman in the specific registration book. The judge must sign that the statement is truth
in the specific registration book. But only one exception in the marriage of the Foreigner
and the Myanmar Buddhist Woman can only make from the legally directive of the
District Judge in only the District Court. 110
So that the essential element of marriage under Myanmar Customs are a little
point and there are not restriction in marriage with non-Buddhism in Myanmar
Customary. Myanmar Customs in marriage are not only classified a little but also

107
Section 19 of the Myanmar Buddhist Women’s Special Marriage Law 2015.
108
Ibid, Section 21.
109
Ibid, Section 22.
110
U Mya Sein, Myanmar Customary Law, 13th Edition, 2018, p.648
 46

contained a weak point. This point is that Myanmar Customary could not make a safety
life for woman and could not make guarantee as evidence in marriage even defined the
stating of essential elementary point of marriage. Therefore, Myanmar Women in
Matrimonial Life loss of right and opportunities in marriage of between Buddhism or
not. In that time, the law is little weak and have no strongly enforcement Law just like
in present day, especially in polygamous system. But in modern day, the ma ny of
matrimonial cases are made to deterrent with the aspect of law because the modern day
of law more strongly than early time. In 2015, after the law relating to monogamous
system enacted, the Myanmar man cannot make to marry many wives. Hence,
complexion case relevant to polygamous system are almost fully protected. So,
Myanmar woman can live in safety life, rise to high dignity and can strongly proof a
good woman of Myanmar Society and even also already proof perfect generation due
to Monogamous System.
 Chapter 3
Effect of Marriage

Myanmar Buddhist Women has no right to claim for the entitlement of

matrimonial rights when dissolution of marriage with her husband. Sometimes, the
women cannot anything to do even knowingly that her husband stay the other woman
even he has already marriage. In that of cases, the women can claim the termination of
their marriage to husband and can claim to the court the dissolution of their marriage
under the law as legally. The effect of marriage means that it is effect from the time of
marriage to the time of not divorce.

3.1 Right of Properties on Marriage

According to the custom of the country the wife takes a great deal of trouble in
the acquisition of property. Hence the position of a Myanmar Buddhist Woman as
regards ownership of property is very peculiar. 1
During the subsistence of the marriage the wife has an interest in all the
properties belonging to either or both. It is usual to regard all properties acquired by the
spouses during the coverture, except inherited property, as belonging equally to the
husband and wife. If one of a couple inherits any property after marriage the other has
a bested interest in one-third of such property.2

1
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.56.
2
Ibid.
 48

Both the husband and the wife have during the continuance of the marriage an
interest in the property of the marriage. Such property is held by the husband and wife
as owners in common and not as joint owners, and during the subsistence of the
marriage each has a vested right to his or her share therein. 3
But when eindaunggyi remarry neither spouses acquires any interest in the
property brought by the other to the new marriage as such property does not become
their joint property. 4
The common ownership by the husband and wife of the property of the marriage
is a characteristic feature of the law relating to Myanmar Buddhists. It probably has its
origin in the fact that among the Myanmar the husband and wife ordinarily manage
their concerns together; and it is not unusual to find that the wife often takes a more
active art in business than the husband and that, even where their profits arise from the
separate property or from the separate business or trade of the husband, the wife is in
charge of the property.5
Therefore, Myanmar Buddhist married couple are not commercial partners but
tenants in common. Property jointly acquired by the husband and wife during coverture
is ordinarily deemed to be in the possession of the husband. Husband and wife are joint
owners as well as joint possessors, and the husband is usually deemed to be the manager
of the family. But instances where the wife acts as the manageress of the family.

3.2 Claim Damages for breach of promise of marriage

In the case of breach of promise of marriage, there can deem to decide two types.
They are firstly from the parents for their breach of promise to give their child in
marriage and secondly from girl.
Firstly, the question whether the breach by the father of his promise to give his
son in marriage to a young woman or to make his son marry her and to give the couple
marriage presents suitable to his position in life affords the girl or her parents or both
any cause of action on which a Civil Court could pass a decree for damage was first
raised in Maung Thein v Ma Thet Hnin6case.7

3
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.27.
4
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.57.
5
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.27.
6
8 L.B.R 347.
7
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.52.
 49

Some texts in Dhammathats contemplate penalties on parents who refuse to

carry out a promise to give their child in marriage but these texts apply to parents of a
girl only. No similar provisions penalizing parents of a boy are to be found there. Even
if there be any, the provision would be one which it would not be position for the Courts
to carry out in these days. 8
The Civil Courts must recognise that the free consent of the actual parties is
essential to a marriage between an adult man and an adult woman. No giving in
marriage by parents in such a case can be recognised as constituting a marriage unless
the actual parties consent to be married. No boy or girl can be married legally without
his or her free consent or against his or her will. 9
Hence the breach by a father of his promise to give his son in marriage and to
give suitable presents does not afford a cause of action, so an action for damages for
the breach of such promise cannot be maintained against the parents of a Myanmar
Buddhist boy. For exactly the same reason it is doubtful whether an action for damages
for the breach by the parents of their promise to give their daughter in marriage could
be maintained against them nowadays. But gifts which are given by the bridegroom at
the time of betrothal of a girl to her parents on her behalf, according to Myanmar
Buddhist custom, must be returned by the girl’s parents if the betrothal is broken off. 10
The provision of Dhammathats that the parents are responsible for double the value of
such gifts are now obsolete. 11
Secondly, the lower Myanmar view in the beginning was that a suit for damages
for breach of promise of marriage ought to be decided according to the Contract Act.
The Upper Myanmar view on the point was that such suits ought to be decided
according to Myanmar Customary Law. The matter was subsequently reconsidered by
a Full Bench of the Chief Court of Lower Myanmar and it was held that suits for breach
of promise of marriage between Myanmar Buddhist ought to be decided according to
Myanmar Customary Law, as such suits involve questions regarding marriage. 12
A suit for breach of promise of marriage is maintainable. In suit for damages
for breach of promise of marriage in which the plaintiff has been seduced, the injury

8
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6 th
Edition, 1957, p.53.
9
Ibid.
10
Ibid.
11
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.24.
12
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.49.
 50

done to the plaintiff’s further prospects of marriage, to her feelings and affections and
to her social position are relevant considerations in assessing the amount of damages. 13
A Myanmar Buddhist husband is bound to maintain his wife if she has not
sufficient means of her own; and if he fails to do so he is liable pay debts contracted by
her for necessaires. If the wife has in fact maintained herself, she cannot sue her
husband for the expenses incurred in so doing. 14
So a Myanmar Buddhist who is under the age of 16 years is not competent to
enter into a valid contract marry a woman in future. Therefore, where a Myanmar
Buddhist Girl under 18 years of age has been promise by a Myanmar Buddhist young
man above 18 years age to accept her in marriage, the breach of such promise cannot
be the basis of an action for damages for breach of promise of marriage as the girl was
not competent to reciprocate her lover’s promise. 15
Even a man can sue a woman for damages for breach of promise of marriage
but in the absence of evidence of actual loss no such suit lies on the ground that he has
become the butt of his acquaintances and has experienced a feeling of a shame. Where
a man undertook to pay damages to his wife if he failed to live in her house and to work
and support her but ultimately broke his promise, he was held liable to pay damages. 16
But a suit to recover damages for breach of promise not to marry a second time
during the lifetime of the first wife is not maintainable, for such an agreement is void
in law as it is an agreement in restraint of marriage. 17
In the appeal case of “Maung Ye Nyein Aung and two others v Ma Khin San
Nwe and Daw San Myint” 18, this case is decided that the decree can be set to the boy
and his parent for consideration as damages due to breach of promise of marriage for
girl. The fact of the case are Daw San Myint is guardian of Ma Khin San Myint as
mother because she is not majority. Daw San Myint claim one hundred thousand
millions for damages of breach of promise of marriage to U Aung Naing Oo and Daw
Htwe parent of Maung Ye Nyein Aung with Civil Case No 52/2007 in District Court
of Sanging. But the District and Township Courts dismissed this appeal. Therefore, the
case arrive to the Supreme Court of the Union with the reason of according to the law

13
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.22.
14
Ibid, p.24.
15
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.50.
16
Ibid, Pp.50-51.
17
Ibid, p.51.
18
Special Civil Appeal No.11, 2010.
 51

or not that the degree set to the boy and his parent for consideration as damages the
amount of one hundred thousand millions due to breach of promise of marriage for girl.
Held that it is obviously arise no dispute as making a promise, the boy and his
parent returning to give their daughter to her mother and make a promise that the parent
of the boy make the marriage with her at waxing moon of thidangyut in 2.8.2007. But
at the time waxing moon of thidangyut, the boy and his parents is not connect and the
girl and her mother brought the case in the officer in charge of the police station because
of denying the marriage. So, while in time of making the promise and breach of
promise, it is obviously that the appellant and respondent are not majority and the real
breach of promise of persons are parent of the boy. But, in the Myanmar Customs, it
have the responsible of the parents that they must married their children. In this case,
while making the promise and return to give their daughter to her mother, there is not
defined the marriage date, it become the main point to decide the case. The Supreme
Court of the Union decided that the degree can be set to the boy and his parent for
consideration as damages the amount of one hundred thousand millions due to breach
of promise of marriage for girl according to the law.
Hence it may be said now that a suit for damages for breach of promise of
marriage amongst Myanmar Buddhist is to be decided not according to Myanmar
Customary Law but according to the provisions of the Contract Act. 19
Therefore, the effect of legislation is that after the 1st April 1940 a promise of
a non-Buddhist man to marry a Myanmar Buddhist woman, in the absence of any
written agreement to the contrary, shall be deemed to be a promise to marry under the
provisions of the Buddhist Women’s Special Marriage and Succession Act (Now
Myanmar Buddhist Women’s Special Marriage Law 2015). In case of breach of
promise of marriage among such persons the jilted party may file a suit against the
unwilling party for damages for breach of promise of marriage or seduction or both.

3.3 Dissolution of Marriage

A marriage between Myanmar Buddhists may be determined at any time by
consent of the parties, is determined by the desertion of the wife by the husband or of
the husband by the wife for a prescribed period and is determinable by a court of

19
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.52.
 52

competent jurisdiction on proof of the commission by one party of a matrimonial

offence.20
Where the marriage is determined by mutual consent the union is at an end
immediately upon the conclusion of the agreement of the parties. Where one party to a
marriage deserts the other for a prescribed period, the marriage is automatically
dissolved on the expiration of the prescribed period. The marriage is dissolved only on
the date upon which a Court of competent jurisdiction passes a decree of dissolution of
marriage.21
A divorce cannot be had merely because one of the parties no love for the other
or does not comply with the desire of the other. But there can be a divorce at the instance
of one party on account of some recognised matrimonial fault on the other.
Dhammathats recongise misconduct, cruelty, desertion and the like as sufficient
grounds for divorce against the will of one party. 22
In the statement of misconduct, as to misconduct it is superfluous to state that
adultery on the part of the wife is a sufficient ground for divorce at the instance of the
husband. But adultery on the part of wife does not dissolve the marriage tie. A court
may presume adultery where it is satisfied that a guilty attachment between the parties
and opportunities occurred when a guilty intercourse might with ordinary facilities have
taken place. But adultery by itself on the part of the husband does not entitle the wife
to claim a divorce. Where a man slaps his wife once and cohabits with another woman
and begets a child by having the wife is entitled to divorce the husband. 23
Cruelty, if a husband treats his wife with cruelty the latter is entitled to a divorce.
Cruelty is not necessarily the same thing as ill-treatment or even physical violence; it
consists rather in indifference to, or delight in another’s pain and is therefore dependent
more upon the state of mind of the person inflicting the pain than on the actual infliction.
Hence a single assault does not necessarily constitute legal cruelty, through the case
would probably be otherwise if the character and habits of the husband were such as to
suggest the likelihood of a repetition of the offence. Acts, which if considered

20
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.35.
21
Ibid, p.37.
22
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.95.
23
Ibid, Pp.95-96.
 53

separately are insufficient to constitute cruelty may when taken together be sufficient
but mere petty quarrels are not enough. 24
The Dhammathats recognise the husband’s power of moderate chastisement
with a light cane or split bamboo. Even in the early days of the British period, it was
thought that striking wife only once or pulling the wife by her hair and abusing her was
not sufficient ground for the divorce. Physical assault by the husband on his wife is
how considered to be a matrimonial fault. A divorce is now granted to a wife, on the
terms of a divorce by mutual consent, on proof of a single act of cruelty on the part of
the husband. But a single not arise unless both desertion and failure to provide
maintenance are established. 25
Desertion by husband of his wife for a period of three years or by a wife of her
husband for a period of one year, coupled in either case with failure on the part of the
husband to provide the wife with any maintenance, dissolves the marriage as from the
end of the period of three years or one years as the case may be. 26
Any husband and wife living together, if the husband saying he does not wish
her for a wife, shall have left the house, and for three years, shall not have given her
one leaf of vegetables or one stick of firewood, at the expiration of three years, let each
have the right to take another wife and husband. If the wife not having affection for the
husband, shall leave the house and where they were living together and if during one
years he does not give her one leaf of vegetables or one stick of firewood, let each have
the right of taking another husband or wife; they shall not claim each other as husband
and wife; let them have the right to separate and marry again. 27
When the wife deserts her husband the marriage tie is automatically dissolved
at the end of one year from the date of desertion. But if the husband contributes anything
towards the maintenance of such wife during this period of one year then the marriage
tie does not automatically dissolve. 28

24
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.40.
25
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.97.
26
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.38.
27
Ibid.
28
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6th
Edition, 1957, p.102.
 54

When a man had been induced by misrepresentation to marry a girl or a girl had
been induced by misrepresentation to marry a man, the deceived person may claim a
dissolution of the marriage. 29
The following acts have been recognized by the Courts as constituting
matrimonial offences entitling the injured party to apply to have the marriage dissolved,
a. On the part of husband
i. cruelty
ii. the taking of a second wife without the consent of the first wife
b. On the part of the wife, adultery. 30
Therefore, there can fine that three condition are necessary to treat a Myanmar
Buddhist marriage tie as automatically dissolved, namely- there should be desertion for
the specified period, during this specified period the husband should not contribute
anything whatsoever towards the maintenance of the wife and after the desertion and
during the specified period the husband should make no bona fide attempt to
communicate with the wife or to effect a re-union with her.

3.4 Moderns Day of essential element in Marriage

The court can decide that this essential elements in marriage is whether validity
or not legally according to the law.
1. The marriage man and woman must be themselves. If they are a military servant,
they must have a recommendation letter that be allowed to marry in the army.
2. The man should attain puberty and the woman should attain virgin. If they had
married, they have documentary evidence that legally divorce before marriage.
3. They must have original NRC Cards.
4. The man and woman agree to marry, the man must be 18 years and the woman
must be 20 years of ages. If the woman have not attain 20 years of age, she must
have the guardian.
5. Their religion must be the same.
6. They must have the two witnesses that their age must attain 18 years of age.
7. The two witnesses must have original NRC cards.

29
Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law (Myanmar Customary Law), 6 th
Edition, 1957, p.105.
30
O.h Mootham, Burmese Buddhist Law (Myanmar Customary Law), 1939, p.39.
 55

8. The contact making the marriage must be adhesive the stamp. The value of the
stamp must have 250 kyats.
9. The man and woman must take fully responsibility themselves that the
statement containing the contract is really truth.
10. The statement containing the contract making the marriage and the statement of
NRC cards must be the same.
The above statement is officially declared by the court. The court may be decide
with the statement relating to the marriage whether valid or not. However, the citizens
living in the Republic of the Union of Myanmar must be apply and obey these statement
in validity of marriage legally. And if the person doesn’t apply to obey and against this
statement, their procedure is deemed illegal from the court. So, the court have
responsibility to do the above statement according to the law for the person who want
to agree husband and wife. On the other way, it mean that the court cannot do anything
not exceeding these statement without direction and order. But this statement can be
only proved, if in case that the marriage is deemed legally valid according to the law.
In the interview of 2018, Daw Mon Mon Aye married U Zaw Oo Maung as
signed in the contract of marriage with free consent of both parties in front of U Tin
Htun who is the principal of township’s office in the 18 Quarter of Taung Dagon. Before
she is not married who has married U Zin Oo Maung. But first husband died with the
cancer of liver in October, 2013. The first marriage did not sign in the contract of
marriage but made a wedding ceremony. In the 2018 of second marriage, she signed in
the contract of marriage but did not make a ceremony.
This event can be said in the aspect of legal, it can be said legally both marriage
because first marriage made a ceremony just like a Myanmar Customs. In Myanmar
Customs, there is no need to sign and make the contract of marriage. It is not contrary
to law and customs. And then second marriage made a contract of marriage only in
front of Principal of township’s office but not in front of judge of court. This second
marriage did not make a wedding ceremony. It can be criticized again with lawfully
that it can be said a legally marriage even signing with the contract in front of principle.
Moreover, it is very important to process of marriage that is only mutual consent of
parties. They contained each mutual consent in second marriage. Therefore, it can be
said that both marriage are lawfully valid even though it have necessary still deemed as
legally.
 56

Therefore, both the husband and the wife have during the continuance of the
marriage an interest in the property of the marriage. Such property is held by the
husband and wife as owners in common and not as joint owners, and during the
subsistence of the marriage each has a vested right to his or her share therein.
Dhammathats contemplate penalties on parents who refuse to carry out a promise to
give their child in marriage but these texts apply to parents of a girl only. No similar
provisions penalizing parents of a boy are to be found there. The Civil Courts must
recognise that the free consent of the actual parties is essential to a marriage between
an adult man and an adult woman. Dhammathats recongise misconduct, cruelty,
desertion and the like as sufficient grounds for divorce against the will of one party.
 Conclusion
During the early period before the losing of Royal Myanmar Kingdom, the
Myanmar ethnicity who want to make as spouse made that the groom's family formally
asks the bride's family for their blessing by offering a receptacle of a green coconut
with its stalk intact encircled by bunches of green bananas called ohn bwe ngapyaw
bwe.
The wedding details are negotiated between the families. The wedding details
are negotiated between the families. Also, a master of ceremonies consecrates the
Myanmar Traditional Wedding Ceremony and then more elaborate wedding receptions
include entertainment from musicians, and the wedding is ended with a speech by a
guest of higher social standing. In urban areas, wedding receptions tend to be held at
hotels. In rural areas, wedding pavilions are temporarily erected to host the festivities.
Gift-giving is an important element of Myanmar weddings.
A traditional Myanmar Wedding Ceremony is divided into seven parts namely,
they are introduction, invoking the Buddha, the five infinite venerable (Annadaw-
Annada Nga-Par Gadaw Kan), Principal Consecration Rites, Veneration of the Devas,
Admonishments, and Closing. Throughout the ceremony, the bride and groom sit on
cushions next to each other.
At the beginning of the wedding, the Brahmin blows a conch shell to commence
the ceremony. Offerings of ohn bwe ngapyaw bwe, and six ceremonial trays containing
rice, popcorn, grated betel nut and coconut, jasmine flowers, and red and white steamed
glutinous rice cakes and 7 fried whole fish, are prepared for the ceremony. The couple
pays obeisance to the Buddha, spirits and parents, holding a bouquet of Eugenia sprigs
and flowers chosen according to the birthdays of the couple. The master of ceremony
joins the palms of the couple, wraps them in white cloth, and dips the joined palms in
a silver or gold bowl.
Then there are ten commonly observed Myanmar Traditional wedding rites:
Paso tan tin, Let son sa, the couple exchanges wedding rings, The groom visits the
home of the bride's parents with a new set of longyi, A master of ceremony joins the
right hands of the couple in front of the invitees to solemnize the marriage, the couple
lower their heads as a gold or silver alloy necklace chain (4 cubits in length) and flower
garlands are jointly hung over them(Dali phwe), a white shawl called about 6 cubits
long and 2 cubits wide, which is worn by the bride, is wrapped around the couple (Sulya
 ii

yitpat), the couple place floral garlands over each other (Pankon sut), The couple place
their right hands, joined at the palm, into glass or silver bowls filled halfway with water
and sprigs of Eugenia and blades of Saccharum grass and signifying the establishment
of a long lasting marriage, Their hands are wrapped with white cloth, over which
perfumed water from a conch or ceremonial vessel, is poured and the last one is the
master of ceremony consecrates the wedded couple by dipping springs of Eugenia
leaves into a gold or silver bowl and sprinkling the couple's foreheads with perfumed
water.
In Myanmar Society has own custom, own tradition, own religious and own
culture. And then also many people of Living in Myanmar are Buddhism and so that of
Buddhism, their religion are Buddhist. Buddhist Religion began from the time of King
Annawyatha until the modern day. Marriage is a social affair that recognize by the
Myanmar Citizens. In the long time ago, Marriage of Myanmar Society is necessary
deemed six essential elements. they are Marriage age of Boy, Marriageable age of Girl,
Consent of parties, unsound mind of parties, no subsisting valid marriage for woman
and openly living as husband and wife But this is not valid by the view of law.
Myanmar Citizens are weak that making the law in marriage for evidence. Due to
absence of law and provision, there are many problems of marriage since the long time
ago. The Buddhist man has the right to apply polygamy. In that of using the polygamy,
the many cases of inheritance, succession and adoption are obviously raised. In some
of one case, the real true person missed their entitlement and loss of rights.
After released of the Law Relating to Monogamous System, the polygamous
system are entirely gone and disappear because this law is strongly to protect for the
persons living in Myanmar. The main advantages of this law is that where the person
want to agree in marriage has no entirely subsisting marriage. In that of releasing of
this law, the court can be decided the many cases of inheritance, succession and
adoption with quickly and strongly. Due to the provision of this law, the persons cannot
married the other marriage if they have subsisting spouse. This law is strongly entered
into force for Myanmar Buddhist man and woman even not Buddhism. But one things
is that there are no apply for the monogamy law in this day because Myanmar Society
must obey the judicial and legislative system of their country. If against this law, they
will be punished for their committing offence relating to this law according to the
provision of this law. But if the age of child relating to marry is 18 years of age
according to Child Right Law 2019.
 iii

It is finding that there are not contained valid evidence in Myanmar’s Marriage
but only contained in marriage that it is invited leader of township or leader of village.
It is not deemed the evidence of marriage for Myanmar Woman. Therefore, Myanmar
Man can married the wives at the ancient time. After the time British, Myanmar woman
is married the man not Buddhism with force and fraud. At that time, Myanmar woman
lost many rights and opportunities relating to matrimonial rights and cannot claimed
nothing due to protect no law relating to marriage. After independence and become
developing country, the legislative system of Myanmar slowly changed. So that of
changed, the citizens must made marriage with a contract even the man had married
before 2015.
After release of the law relating to Monogamous System, the both of spouse
cannot married the other person without legally divorced. On the other hand the
Myanmar Buddhist Woman Special Law protecting that the man and the woman do not
have the legally marriage if they want to make a marriage. Nowadays, the marriage
weeding ceremony is very simple. Frist, the man and woman who want to become
spouse make contract with two majority evidence in every kinds of courts in front of
the judge according to the law. Secondly it is stated that it is make the marriage
ceremony with inviting guest of both parents. It is not specially differ marriage
ceremony between early and modern. But it is really differ that it is law because it
cannot protect the marriage persons and solve the matrimonial rights and faults even
someone made or had made the offence.
In the modern days, it is strongly protect for the marriage persons with many
laws because the man and the woman who want to become spouses cannot marry if
they have husband and wife without legally divorce. If they marry even have husband
and wife, it is deem to commit the offence and deem the violation of law. In this case,
it would like to compare these two period, there are no law for man and woman of
marriage in early. So, it is arisen many complexity adultery, rape, kidnapping,
inheritance property between first and second wife and any other case of criminal cases,
civil cases and matrimonial cases. In the modern day, the above cases are slowly regular
disappear because of protecting the strong law. Myanmar society make respect and
warmly in their relationship. The law shall make more strongly than before because it
need to prevent the case relating to marriage from the bad person especially for the
Myanmar Buddhist Woman to face the case according to the law and to arise Ethnique,
Ethnic and dignity of Myanmar Ethnicity.
 References

Laws

1. Myanmar Buddhist Women’s Special Marriage Law, 2015.

2. The Contract Act, 1872.
3. The Law Relating to Monogamous System, 2015.
4. The Penal Code, 1861.

Books

1. Aung Than Tun, Legal Tradition of Myanmar (Legal Tradition of South

East Asia), 2007.
2. Black Law Dictionary, 7 th Edition, 2000.
3. Dr. E Maung, Burmese Buddhist Law, 1969.
4. Dr. Maung Maung, Law and Custom in Burma and the Burmese Family,
1963.
5. Laura Eshbach and Beth Roberts, Marriage, Divorce, And Inheritance: A
Review of the Personal and Family Laws Affecting Women’s Land Rights
in Burma, 2017.
6. Laura Fortunato, Evolution of Marriage System, 2015.
7. O.h Mootham, Burmese Buddhist Law, 1939.
8. Sisir Chandra Lahiri, Principle of Modern Burmese Buddhist Law, 6 th
Edition, 1957.
9. U Ba Maw, The Marriage Law of Myanmar, 1992.
10. U Mya Sein, Myanmar Customary Law, 13 th Edition, 2018.
 ii

Cases

1. Crown V Chan Mya 1 L.B.R 297.

2. E Mai and one V Ma Kyi and one 625 B.L.R 1948.

3. Ma E Sein V Maung Hla Min 3 Ran 455.

4. Ma E Sein V Maung Tun Aung 14 Ran 215.

5. Ma Gywe V Ma Thi Da 2 U.B.R 1892-96 194.

6. Ma Hla Me V Maung Hla Baw 8 Ran 425.

7. Ma Kyin Mya V Maung Sit Han 103 Ran 1937.

8. Ma Wun Di V Ma Kin 4 L.B.R 179.

9. Maung Hmaing V Ma Pwa Me 1872-1897 S.J 533.

10. Maung Kyaw Myint V Union of Myanmar and Ma Khin Mar Myint 10 B.L.R

1979.

11. Maung Maung V Ma Sein Kyi 562 Ran 1940.

12. Maung San Aung V Ma Kyi Kyi Way 1963 C.C 995

13. Maung Thein V Ma Saw 6 Ran 340, 1928.

14. Maung Thein V Ma Thet Hnin 8 L.B.R 347.

15. Maung Tun Aung V Ma E Kyi 14 Ran 215.

16. Maung Tun Kyin V Ma Mai Tun 1919-20 10 L.B.R 28.

17. Maung Ye Nyein Aung and two others Vs Ma Khin San Nwe and Daw San

Myint Special Civil Appeal No.11, 2010

18. Mi Kin Gale V Mi Kin Gyi 1 U.B.R 42.

19. Mi Me V Shwe Ma 1 U.B.R 111.

20. U Tun Yin V Maung Ba Han 443 B.L.R H.C 1949.