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1.

After Mg Aung Aung and Ma Hnin Phyu had married with the consent of their parents
since 2015 in Myanmar, they separated on that day. There was no consummation
between them. Then Mg Aung Aung openly lives together with another girl( Ma Cherry).
In this case, what offence does Mg Aung Aung commit? Explain relevant provisions and
cases. Can Ma Hnin Phyu sue to Mg Aung Aung for divoce under Myanmar Customary
Law? Why?
In this case, Mg Aung Aung commits offence with imprisonment for a term not exceeding
seven years and shall also be liable to a fine under Section 13 of Monogamy law .
They are legally married , consummation was no necessary for legally married .
Daw Khin Mya Mar (a) Mar Mar Vs U Nyunt Hlaing ( 1972)
The Law Relating to the Monogamous System,
Prohibitions
Section
10. 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 from the date of coming into force of this Law.
11. 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.
12. No one shall remarry or illegally live together as husband and wife during the marriage is
valid according to any Law, religion or custom.
Penalties,
13. Whoever violates the prohibition contained in section 10 or 12 shall be punished with
imprisonment for a term not exceeding seven years and shall also be liable to a fine.

Ma Hnin Phyu can sue to Mg Aung Aung for divoce under Myanmar Customary Law
because he commits matrimonial fault

Divorce under Myanmar Customary Law

Kinds of Divorce

There are mainly three kinds of divorce under Myanmar Customary Law, they are:
(1) divorce by mutual consent;
(2) divorce when the husband enter into priesthood or rahan;
(3) divorce by matrimonial fault.
Partition upon Divorce by Ordinary Matrimonial Fault:
When there is a divorce by mutual consent between the husband and wife, partition must be
effected on that basis even if one of the parties has been guilty of the matrimonial faults.
In the case of Po Han vs. Ma Talok,87 it was held that a divorce is 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. When the husband takes a second wife without the consent of first wife, on the first
wife suing him for divorce and partition of property, the first wife is entitled to claim and get a
decree for divorce as by mutual consent.
Regarding this point, the Court had decided in the case of Maung Hme vs. Ma Sein88 that:
“Where the husband of ngelin-ngemaya takes a second wife in the absence of justifiable cause
and without the first wife’s consent, on the first wife suing him for divorce and partition of
property, the first wife is entitled to claim and get a decree for divorce as by mutual consent and
get one-half share in the jointly acquired property and one-third share to the other spouse’s payin
or inherited lettetpwa.

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