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DISSOLUTION OF MARRIAGE, KKP v PCSP [2014] 8 MLJ 757, Dr Gurmail a/p Sadhu…
DISSOLUTION OF MARRIAGE
Court Jurisdiction
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S.48(1) LRA 1976
the marriage has been registered or deemed to be registered under the LRA; or the marriage between the parties was contracted under a law providing that, or in contemplation of, which, marriage is monogamous; and
the domicile of the parties to the marriage at the time when the petition is presented is in Malaysia
The court shall have jurisdiction to entertain proceedings by a wife, although the husband is not domiciled in Malaysia if:-
. the wife has been deserted by the husband, or the husband has been deported from Malaysia under any law for the time being in force relating to the deportation of persons, and the husband was before the desertion or deportation domiciled in Malaysia; or
ii. the wife is resident in Malaysia and has been ordinarily resident in Malaysia for a period of two years immediately preceding the commencement of the proceedings.
Limitation of Period
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EXCEPTIONAL
HARDSHIP
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married couple are allowed to petition for a divorce within the 2 years of marriage IF it can be proved that there are exceptional circumstances of hardship suffered by either parties
DISSOLUTION OF
MARRIAGE
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Section 50 (1) LRA 1976: no petition of divorce before the expiration of 2 years from the date of marriage
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Reconcilation Procedures
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- Duration for Reconciliation Process
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A conciliatory body to which a matrimonial difficulty has been referred shall resolve it within the period of 6 months from the date of reference; and shall require the attendance of the parties and shall give each of them an opportunity of being heard and may hear such other persons and make such inquiries as it may think fit and may, if it considers it necessary, adjourn its proceedings from time to time.
- The Function, Role and Powers of the
Conciliatory Body
to reconcile the estranged parties so that all matrimonial problems can be solved and they can resume cohabitation
if the body has failed to reconcile the parties, it will issue a certificate of non-conciliation - section 106(5)(b)
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- composition of the conciliatory body
Difference between Nullity of Marriage, Dissolution of Marriage and Judicial Separation
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judicial separation
Section 48(2) LRA 1976: the requirements that need to be fulfilled in or order to satisfy the court jurisdiction
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Where a court grants a decree of JS, it shall no longer be obligatory for the petitioner to cohibit with the R.
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The parties may live separately even though the marriage is still subsisting. JS can be brought during the 1st 2 years of marriage.
JS may be an option where the marriage was newly contracted, where one of the parties contests the application for divorce.
They are not allowed to marry anyone else unless they obtain a decree of divorce. A marriage after separation & b4 divorce amounts to bigamy.
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Thompson v Thompson
the court said that the words 'petitioner has no reason to believe that the other party has been living within that time' as quoted above, renders the meaning 'if nothing has happened within that time to give the petitioner reason to believe that the other party was then living'
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