Many people are still confused; they assume that once you’re married, you can’t take legal action against your spouse. The truth is, you can!
According to Section 4A of the Married Women Act 1957, a husband or wife is entitled to sue one another in tort to claim damages for personal injuries caused by the other spouse.
CAN BEDROOM SECRETS BE USED AS EVIDENCE IN COURT?
When a marriage breaks down, some may consider using private conversations or personal secrets shared between spouses as evidence in Court.
Proceed with caution; the law protects the confidentiality of communications between husband and wife. Such communications cannot be disclosed without the spouse’s consent.
In summary, Section 122 of the Evidence Act 1950 provides that:
- Protects marital privacy, even during disputes or divorce
- Communication between husband and wife = privileged communication
- Cannot be used in Court without the spouse’s consent
CAN YOU REPORT YOUR SPOUSE TO THE POLICE FOR MAKING THREATS?
The answer is: YES! A spouse is not immune from legal action.
Although communications between husband and wife are generally protected under Section 122 of the Evidence Act 1950, there are key exceptions, particularly when:
- One spouse is suing the other; or
- One spouse is charged with committing a criminal offence against the other (e.g. threats, assault)
In such cases, private communications including threatening messages may be admissible in court as evidence. Do not let fear silence you. The law is here to protect you.
YOU’RE STILL BEING HARASSED BY YOUR EX?
Even years after a divorce, some former spouses continue to harass by sending threatening messages, spreading false stories, or attempting to shame you in front of your employer, family, or others.
This is not just a personal issue, it’s a violation of your rights, and you may take legal action through the Civil Court. You may be entitled to file a Defamation Lawsuit and Court Injunction to stop further harassment from your ex-spouse.
WHEN YOUR EX-SPOUSES AIRS YOUR DIRTY LAUNDRY ON SOCIAL MEDIA…
After the divorce, Amir thought his chapter with Farah, a well-known public figure was over. But online, the drama continued. Farah with hundreds of thousands of followers posted multiple statements accusing Amir of:
Revealing private details, including matters pending before the Syariah Court
- Committing khalwat (close proximity)
- Failing to provide Islamic education to their children
- Causing their child’s eye injury
- Revealing private details, including matters pending before the Syariah Court
Amir gave her a chance; he withdrew his injunction application after Farah promised in Court to delete all the posts and stop defaming him.
Unfortunately, Farah breached the undertaking and continued making defamatory statements publicly. Amir then brought the matter back to court, this time on the grounds of breach of undertaking and ongoing defamation.
High Court Decision:
But defamation damages (RM2 million) were not granted — pending the full trial
- Injunction granted — Farah was barred from making further statements
- All defamatory posts to be deleted within 7 days
- Farah ordered to pay RM20,000 in costs
CAN YOU SUE A THIRD PARTY FOR INTERFERING IN YOUR MARRIAGE?
Even if you are a Muslim, the Civil Court still has jurisdiction to hear claims involving third-party interference in a marriage, as long as the conduct falls under tortious actions such as inducement to divorce, defamation, or invasion of privacy.
This is because the Civil Court does not decide on marriage matters from a Syariah law perspective, but rather focuses on the violation of individual civil rights. Therefore, if someone actively disrupts the harmony of your marriage. For example, by engaging in an affair with your spouse, sending inappropriate messages, or spreading defamatory statements, you have the right to file a civil claim against that third party.
DO YOU NEED LEGAL ADVICE REGARDING LEGAL ACTION AGAINST YOUR FORMER SPOUSE?
Marriage isn’t always sunshine and roses. Some go through years of emotional neglect, manipulation, threats, even betrayal that cuts deep.
When the relationship turns toxic or mentally draining, many choose to stay silent, not because they’re okay, but because they’re scared. Scared of being judged. Scared of being seen as the one “airing dirty laundry” but most of all, they don’t realise the law can actually protect them.
Don’t let the title of ‘husband’ or ‘wife’ shield wrongful acts. Contact us today, we’re here to help you
