(1) In this Act unless the context otherwise requires- Interpreta- "appointed date" means the date of coming into operation tion. of thatActine"y "Chief Minister" ", in relation to-
(a) the States of Malaysia, means the Chief Minister or Mentri Besar of a State; and
(b) the Federal Territory, means the Minister; A 498 "child of the marriage" means a child of both parties to the marriage in question or a child of one party to the mad "che ao in tedi context in thedes an illegitimate child or, and a child adopted by, either of the parties to the marriage in pursuance of an adoption order made under the Adop- 4145z tion Ordinance, 1952 -or the Registration of Adoption s4t32. opamy wiri tei law relating to a coptosi
t'cc Pdre #498 skels A498 Apnlica- Julis: AH98 [Pt. I, S. 2-3] • "court" means the High Court or a Judge thereof or, where a President of the Sessions Court in West Malaysia or a Magistrate of First Class in East Malaysia has jurisdiction by virtue of subsection (2), the Sessions Court or a President of that Court or a Magistrate of that Court, as the case may be; "marriage district" means an area which has been defined as a marriage district under section 28 (5), or if no such area has been so defined in any State or Federal Territory, that State or Federal Territory; "marrago ith/another woman" means marriage of an person, being married to any other woman during the life of the former wife, whether the second marriage has taken place within Malaysia or elsewhere; "Minister" means the Minister charged with responsibility for the registration of marriages; "minor" means a person who is under the age of twentyone,yeats. and who is not a widow or widower; "Registrar" means-a Registrar of Marriages appointedunder this Act and includes a Deputy Registrar, an Assistant Registrar _and-a-Superintendent Registrar of Matlages, "Registrar-General" means the Registrar-General of Marriages and includes a Deputy Registrar-General of Marriages appointed under this Act.
(2) The Yang di-Pertuan Agong may, on the advice of the Chief Justice, by notification in the Gazette, confer upon any President of the Sessions Court in West. Malaysi r any Magistrate of First Class in East Malaysia_.juris diction to deal with any matter under this Act.
Act 164
Law Reform (Marriage and Divorce) Act 1976
Akta membaharui undang-undang (perkahwinan dan perceraian) 1976
Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.
An Act to provide for monogamous marriages and the solemnisation and registration of such marriages; to amend and consolidate the law relating to divorce; and to provide for matters incidental thereto. BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows : PART I PRELIMINARY I. This Act may be cited as the Law Reform (Marriage and Short title Divorce) Act, 1976 and shall come into force on such date and com as the Yang di-Pertuan Agong may, by notification in the Gazette appoint and different dates may be appointed for West Malaysia, Sabah and Sarawak. 2. (1) In this Act unless the context otherwise requires- Interpreta- "appointed date" means the date of coming into operation tion. of thatActine"y "Chief Minister" ", in relation to- (a) the States of Malaysia, means the Chief Minister or Mentri Besar of a State; and (b) the Federal Territory, means the Minister; A 498 "child of the marriage" means a child of both parties to the marriage in question or a child of one party to the mad "che ao in tedi context in thedes an illegitimate child or, and a child adopted by, either of the parties to the marriage in pursuance of an adoption order made under the Adop- 4145z tion Ordinance, 1952 -or the Registration of Adoption s4t32. opamy wiri tei law relating to a coptosi
Data synced
Part I — Preliminary
(1) Except as is otherwise expressly provided this Act hall apply to all persons in Malaysia and to all person lomiciled in Malaysia but are resident outside Malaysia 2) For the purposes of this Act, a person who is a citize f Malavsia shall be deemed, until the contrarv is prove to be domiciled in Malaysia. wiho is married ulader Mslis tavy adi mo maoage of n of the parties which professes the religion of Islam shall be selemnised or registered _under this Act.
[Pt. I-II, S. 3-5] Sulis. A198
(4) This Act shall not apply to any nativeof East Malaysia or aborigine of West Malaysia: 1. (1) Nothing in this Act shall affect the validity of any subsistin narriage solemnised under any law, religion, custom or vali usage prior to the appointed date.
(2) Such marriage, if valid under the law, religion, undetered ustom or usage under which it was solemnised, shall be Actanble leemed to be registered under this Act . (3) Every such marriage, unless void under the law, religion, custom or usage under which it was solemnised, shall continue until dissolved—
(a) by the death of one of the parties; or
(b) by order of a court of competent jurisdiction; or
(c) by a /declacalion of nullity made by a court of competent jurisdiction.
Part II — Monogamous marriages
Every marriage solemnised in Malaysia after the appointed date, other than a marriage which is void under his Act, shall continue until dissolved-
(a) by the death of one of the parties; or
Part III — Marriage
(1) A person who has not completed his or her twenty- megiot. artainedtiha agenof nagority as presctibed bye tsha t he of conin. Majority Act, 1971, nevertheless be required, before Act 2l. marrying, to obtain the consent in writing—
(a) of his or her father; or the penseu is
(b) if/his or her father is dead, of his or her mother; or illegitenat
(c) if both his or her father and mother died before-he or she attains the age of twenty ome years, of the person standing in loco parentis to him or her-delis. A498 (dy betore he or she attains that age, but in any other case no consent shall be required.
(2) Where the court is satisfied that the consent of any person to a proposed marriage is being withheld unreasonably or all those persons who could give consent under
[Pt. III, S. 12-15] subsection (1) are dead or that it is impracticable to obtain such consent, the court may, on application, give consent aud such consent shall have the same effect as if it hac been given by the person whose consent was required by
(3) An application to the High Court under this section shall be made to a Judge in chambers.
(4) When an application is made to the High Court in consequence of a refusal to give consent, notice of the application shall be served upon the person who refused to ive consent
(5) Notwithstanding anything to the contrary in this Part conne minothasbeen pre ously marrieal not be necessary
(6) There shall be no appeal from an order of a Judge under this section. Preliminaries to marriage
Sections 14 to 20 inclusive shall not apply to parties to a marriage to be solemnised in accordance with sectior Nonapplication of sections 14 to 20 inclusive to certain parties to a marriage. Notice of marriage, Ieu berson /AL98
Whenever any persons desire to marry in Malaysia each of the parties to the intended marriage shall sign and give a notice in the prescribed form/to the Registrar of th narriage district in which such party has been resident fo the period of seven days immediately preceding the giving of such notice: Provided that when both the parties have been resident ~ the required for/such period in the same marriage district only one such A4981 notice need be given/and may, be given by-either party. Notice to be
Upon receipt-of sueh-notice-such Registrar shallcause entered in marriage the same to be entered in a book to be called the-Marriage notice book and * Notice Book, which may be inspected under such supervipublished. sion as the Registrar may deem niecessary, during oftice SuloA448 hours without fee, and the Registrar shall also cause such the same so posted up until he gtants pubi. on cate as hereinafter mentioned or until three months have stapsed, whichever is the earlier.
[Pt. III, S. 16-17] 16, (1) Every notie required to be given under section 14 panyndien shall be accompanied by a written declaration—
(b) either- ( thae oa dh or th, tarie is a wentyron or eato of s the case may be: o
(i) e eibesty atyrtied and tihe to hle pat een in, accordance with the provisions of section
(c) that there is no lawful impediment to the marriage;
(d) that neither of the parties to the intended marriage is married under any law, religion, custom or usage to any person other than the person with whom such marriage is proposed to be contracted. /
(2) Every such declaration shall be in writing in the prescribed form and shall be made by the person giving case may be. : EAWEREE
[Pt. III, S. 18-20] place within six months after the date of publication of the Ai placo yritecu sx noin aster te dite od pli leato or lotice, the notice and all proceedings consequent thereor shall be void and fresh notice shall be given before th Caveat.
(1) Any person, on payment of the prescribed fee, may Proceedings
(2) A caveat entered under this section shall contain the name and place of residence of the person entering the caveat and the grounds of objection upon which the caveat is founded and shall be signed by the person entering the caveat.
(1) If a caveat is entered in accordance with section 19 he Registrar shall not issue a certificate for the marriag gainst which the caveat has been entered unless-
(a) after enquiring into the matter of the said objection, he is satisfied that it ought not to prevent the issue of such certificate for the marriage; or
(b) the caveat is withdrawn by the person who entered it: Provided that in cases of doubt it shall be lawful for the Registrar to refer the matter of any such caveat to the High Court which shall decide upon the same. upon either confirm the refusal or direct the grant of the
(3) The High Court may require proof of the allegations ontained in the caveat in a summary way and may hea vidence in support of and in opposition to the obiectior
(4) The proceeding under this section shall be before a Judge in chambers.
(5) There shall be no appeal from a decision of a Judge under this section.
[Pt. III, S. 20-21]
(6) If a caveat is entered in accordance with section 19, pong to mi hi ất ch onhitn the Regitar tan e ile certificate for marriage.
(7) If the High Court declares the grounds of objections to be frivolous and such as ought not to prevent the issue of the certificate for marriage the person entering the caveat shall be liable for the costs of all proceedings relating thereto and for damages to be recovered by suit or action by the party against whose marriage such caveat was entered
(1) The Chief Minister, upon proof being made to him Licence. by statutory declaration that there is no lawful impediment to the proposed marriage, and upon his being satisfied that the necessary consent, it any, to such marriage has been obtained, or that the consent has been dispensed with oI given under section 12 may, it he shall think iit, dispense and may grant his licence in the prescribed form, authorising the solemnisation of a marriage between the parties named in such licence.
(2) The Chief Minister may in his discretion grant a licence under this section authorising the solemnisation of a marriage although the female party to the marriage is under the age of eighteen years, but not in any case before her completion of sixteen years.
(3) The Chief Minister on being satisfied, by statutory declaration or otherwise as to him seems proper, that it is more convenient that a marriage under section 23 be solemnised in some place other than in the office of a Registrar within the hours of ta) six-in tho-morning and seven in the-evening, or- M/A498 {b) seven in the evening and six in the morning of the following day, may issue a licence in the prescribed form for such purpose.
(5) If the marriage authorised by a licence under this oectionicenoe te enensednal become moid from the date
[Pt. III, S. 21-22] Sulis A498
(6) (a) The Chief Minister may in writing delegate-hisower under this sectiol-to any Registrar or Deput Registrar (but not to any Assistant Registrar or Superinten dent Registrar), and may at any time revoke any such Solemnisamarriages. Solemnisation of Marriages
(1) Every marriage under this Act shall be solemniseda) in the office of a Registrar with open doors withi he hours of six in the morning and seven in th evening; or b) in such place other than in the otice of a Registra at such time as may be authorised by a valid licenc issued under subsection (3) of section 21; or
(c) in a church or temple or at any place of marriage in accordance with section 24 at any such time as may be permitted by the religion, custom or usage which the parties to the marriage or either of them profess or practise.
(2) A valid marriage may be solemnised under subsection (1) (a) or (b) by a Registrar if a certificate for the marriage issued by the Registrar or Registrars concerned or a licence authorising the marriage is delivered to him. seclion lyali) by an Ase ran Regisrar if ise i sadieted uby statutory declaration that—
(a) either--
[Pt. ШL, S. 22-23] LAW REFORM (MARRIAGE AND DIYORCE)
(b) there is no lawful impediment to the marriage;
(c) neither of the parties to the intended marriage is married under any law, religion, custom or usage to any person other than the person with whon such marriage is proposed to be contracted; and
(d) in so far as the intended marriage is a Christian marriage and is to be solemnised in accordance religious the publication of banns or the giving notice of the intended marriage have been complied with or lawfully dispensed with in accordance with such canons. :(4) Every marriage purported to be solemnised in Malaysia shall be void unless a certificate for marriage or a licence has been issued by the Registrar or Chief Minister or a statutory declaration under subsection (3) has been delivered to the Registrar or Assistant Registrar, as the case may be.
(5) Every marriage shall be solemnised in the presence of at least two credible witnesses besides the Registrar.
(6) No marriage shall be solemnised unless the Registrar is satisfied that both the parties to the marriage freely consent to the marriage. /
Ihe Kegıstrar acting under subsection (1) (a) OI (D) OI Solemnisasection 22 shall, after delivery to him of a certificate for the tion of : marriage issued by the Registrar or Registrars concerned or marriage a licence authorising the marriage, address the parties in the performed in office following words, either directly or through an interpreter: of a "Do I understand that you A.B. and you C.D. are Registrar or elsewhere. here of your own free will for the purpose of becoming man and wife?" Upon their answering in the affirmative he shall proceed thus: "Take notice then that, by this solemnisation of your marriage before these witnesses here present according to law, you consent to be legally married for life to each other, and that this marriage cannot be dissolved luring your lifetime except by a valid judgment of the court and if either of you shall, during the lifetime of
[Pt. III, S. 23-24] the other, contract anothermarriage, howsoever and wheresoever solemnised, while this marriage subsists a, will thereby be committing an offence against the or through an interpreter, whether they know of any lawful impediment why they should not be joined together in Solemnisation of a marriage through religious ceremony, custom or usage. in the affirmative, the Registrar, the parties and the witnesses shall comply with section 25.
(1) Where any clergyman or minister or priest of any church or temple is appointed by the Minister to act as Assistant Registrar of Marriages for any marriage district, such clergyman or minister or priest may after delivery to him of a statutory declaration under subsection (3) oi section 22 solemnise any marriage, if the parties to the marriage or elther of them protess the religion to which the church or temple belong, in accordance with the rites and ceremonies of that religion.
(2) Where any person is appointed by the Minister to act as Assistant Registrar of Marriages for any marriage listrict such person may after delivery to him a statutory declaration under subsection (3) of section 22 solemnise ny martlage in accordance with the custom or usage whic he parties to the marriage or either of them practise
(3) An Assistant Registrar solemnising a marriage under this section shall in some part of the ceremony remind the parties that either of them shall be incapable during the commit an offence.
(4) In this section, '"priest of a temple" includes any member of a committee t, management or governing body of that temple and an ominittee member of any religious associatior :"priest of a church" includes any officer or elder of the church
[Pt. II, S. 25-26] LAW REFORM (MARRIAGEAND DIVORCE) 25.02411 peodiatmed fhier eistrotenmall eion und pre sectiod partee particulars in the marriage register.
(2) Such entry shall be attested by the parties to the narriage and by two witnesses other than the Registra: resent at the solemnisation of the marriage
(3) Such entry shall then be signed by the Registrar solemnising the marriage.
(1) A marriage may be solemnised by the Registrar Solemnisaappointed under stubsection (4) of section 28 at the Malayy Entr sian Embassy, High Commission or Consulate in any country which has not notified the Government of Malaysia of its objection to solemnisation of marriages at such Malaysian Embassy, High Commission or Consulate: Provided that the Registrar shall be satisfied—
(a) that one or both the parties to the marriage is a citizen of Malaysia;
(b) that each party has the capacity to marry according to this Act;
(c) that, where either party is not domiciled in Malaysia, the proposed marriage, it solemnised, will be regarded as valid in the country where such party is domiciled; and Boih at phe orice owhhe Registrar ib the Bubliaßsy, caveat or notice of objection has been received.
(2) The procedure for solemnisation and registration of country were a Registrar in Malaysia.
(3). Ins/ 1A650
[Pt. IV, S. 27-28]
Part IV — Registration of marriages
(1) The Registrar-solemnising the-marriage-shall, as Copies of soon as practicable after the end of each month, deliver to besent to the Registrar-General, a true copy certitled under his hand of every entry made in the marriage register as attested by the parties to the marriage and by the witnesses and as signed by him.
(2) All such-copies shall be kept by the Registrar-General in such manner as may be prescribed and shall constitute the marriage rogister of-the-Registrar-General. Sulio A 498
(1) Where any persen who is a eitizen of or is domiciled Registration ,Malaysia has contracted a marriage .abroad, not marriage by being a marriage registered under section 26 such aperson person shall within six months after the date of such citizen of or marriage appear before the nearest or most conveniently • in Malaysia. available Registrar of Marriages abroad in order to register such marriage unless betore the expury oi such period th eturn of either or both parties to Malaysia is contemplatec in which case, egistered abroad, registration of the marriage contracte broad shall be effected, within six months of the first arriva of either or both the parties in Malaysia, by such party or both appearing before any Registrar in Malaysia and—
(a) producing to such Registrar the certificate of such marriage or such evidence either oral or documentary as may satisty the Registrar that such marriage
(b) furnishing such particulars as may be required by the Registrar for the due registration of such marziage; and
(c) applying in the prescribed form for the registration of the marriage to be effected and subscribing the -deelaration therein.
(IA)>
(1B)
(Pt. IV, S. 31-33]
(2) A Registrar may dispense with the appearance of one t the parties to the marriage it he is satistied that ther exists good and sufficient reason for the absence of suc] party and in such case the entry in the marriage register shall include a statement of the reason for his or her absence. Salo A498 Unlawlul registers. /oluntar cgistratio period as may be prescribed, to the Registrar-General of Marriages who shall cause such certified copies to be bounc together to constitute the Foreign Marriages Register.
(4) Where the parties to a marriage required to be registered under this section have not appeared beiore a Registrai within the period as prescribed in subsection (1), the med by mim upo nayment of such penaitras beryi prescribed. 32 Nopofiola bricda lanenkogara acinruda nreganes Act shall— a) Keep any book being or purporting to be a registe ept in accordance with the provisions of thi Act; or
(b) issue to any person any document being or purporting to be a copy of a certificate of a marriage or a certificate of marriage registered by the Registrar.
(1) Notwithstanding section 4, the parties to any or custom. prescribed form for the registration of the marriage. 2) The Registrar may require the parties to the marriage o appear before him and to produce such evidence of the marriage, either oral or documentary, as he may require and to furnish such other particulars as may be required by
(3) The Registrar may on being satisfied of the truth of the statements contained in the application register the marriage by entering the particulars thereof in the marriage register prescribed for this purpose.
[Pt. IV-V, S. 33-371 LAW REFORM (MARRIAGB AND DIVORCB)
(4) The entry of the marriage in the marriage register shall be signed by the Registrar making the entry and by both the parties to the marriage, if available, otherwise, by whichever party shall appear before the Registrar fo. effecting registration of the marriage.
(5) Upon the registration of the marriage-a certified copy. Scelis A498 of the entry in the marriage register signed by the Registrar and sealed with his seal of office shall be delivered or sent to the husband and another copy to the wife and a third certited copy shall-be sent to the Registrar-General.
(6) The Registrar shall not register a marriage under this section if he is satisfied that the marriage is void under this Act. 4. Nothing in this Act or the rules made thereunder shall be Lega onstrued to render valid or invalid any marriage which effect o otherwise 1s invalid or valid merely by reason of its navıng been or not having been registered
Part V — Penalties and miscellaneous provisions relating to the solemnisation and registration of marriages
Any person who contravenes section 32 shall be liable Conoavenon conviction to imprisonment for a term not exceeding section 32. ne year or to a fine not exceeding one thousand dollai r to both: and for a second or subseauent conviction sha be liable to imprisonment for a term not exceeding two É bosz io a thie not ecoeding wa dhnsinm Aottie 1 247/60
Any person who uses any force or threat— iterfe! nce Wi
(a) to compel a person to marry against his will; or marriage.
(b) to prevent a person who has attained the age o: twenty-one years from contracting a valid marriage shall be guilty of an offence and shall be liable on conyeciontto a pie not et ceodia tree tho usancdindats or to both. Lringgit 1u16
[Pt. V, S. 38-41] False oath tc., fo marrizie. Lruggin ifollars or to both. (0 Дe-160 False
(1) Any person who enters a caveat against the issue inGaveion y a Registrar of a certificate for marriage and makes an alse representation in or in support of the caveat knowin or believing such representation to be false or not having reason to belleve it to be true, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding L ruiggit het 16o three thousand/ dollars or to both. Ce) Acate oron atho e and parcaneat or fanstiy represe tf himself to be a person whose consent to the marriage is required by law knowing Or believing such pretence or representation to be talse or not believing it to be true shall be gulliy oi an oltence and shall be liable on conviction to saiiggst160m Unauthorised solemnisation of marriages. Auf160 Offences relating to solemnisation of marriages. imprisonment for a term not exceeding three years or to a fine not exceeding three thousand/dollars or to both.
Any person who, not being authorised thereto under this Act, solemnises or purports to solemnise any marriage, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding ten years and to a fine not exceeding fifteen thousand dollars suiggiv Act sotemibes of purports to sofemne or oficiates at it marriage-
(a) without first receiving a certificate for the marriage or a licence dispensing with such certificate;
(b) otherwise than in the presence of at least two credible witnesses other than the person solemnising Kruiggit Ae+160
(c) after the expiration of six months from the date of the notice of marriage given under section 14, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years and to a fine not exceeding five thousand dollars.
•[Pt. V, S. 41-44] • (2) Any Registrar who knowingly and contrary to this Act issues any certificate for marriage—
(a) without publishing the notice: of marriage as required by section 15;
(b) when a caveat has been entered under section 19 without having first complied with section 20; or
(c) contrary to section 16, shall to iguily of en ot ae and soeeedanl orooic and to a fine not exceeding five; thouisand dollars ruigger
(3) Any person who marries of purports to marry ot goes through a form of marriage with any person contrary to any of the provisions of part Ill shall be gullty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years and to a tine not exceeding five thousand dollars. Mugger
Any person who by himself or another-
(a) wilfully destroys or injures any register of marriages or any certificate thereout, or any part thereof or any authenticated extract therefrom;
(b) falsely makes or counterfeits any part of such register or certificate; or
(c) wilfully inserts any false entry in any register or certificate or authenticated extract, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding seven years and to a fine not exceeding ten thousand conare: ruuggir Aef/60
No prosecution for an offence punishable under this Act Sanction shall be instituted except with the authority in writing of curprosethe Public Prosecutor. Suls A498
41) If the-Registrar-is satisfied by statutory-deelaration. Cerrors. or otherwise that any entry relating to a marriage 1s erroneous in form or substance, he may, in the presence ot the persons married, or, if they are absent, in the presence of two credible witnesses, correct the error by ruling through any entry in the certificate of marriage which is erroneous and making the correct entry therein and he shall thereupon cause the entry in the local marriage register to be corrected in-the-same manner.
Sulis A498 Sclo A498 Scelo A498 Proof. Fiai to e applie [Pt. V-VI, S. 44-48]
(2)+The Registrar shall sign and date thecorrection made in the certificate of marriage and the local marriage register. atfesteyey entiy made nder egrosctiot a hall,
(4) A certifiedcopy of such correction shall be sent forthwith to the Registrar-General for a similar correction to be made in his-marriage rogister.
(1). Every marriage-register and index kept by the Registrar-General under this Act shall be open to inspection upon payment of the prescribed fee by any person applying
(2) The Registrar-General shall upon payment of the prescribed fee furnish to any person requiring the same a copy-of an entry certified under his hand and seal of office.
Every marriage register kept by the Registrar under this Act and any copy of any entry therein-ceftified under his hand and seal of oflice to be-a true copy or extract shall be prima facieevidence in all courts and tribunals ir Malaysia of the dates and acts contained or set out in such marrlage register, copy or extract. 46A H6B
Part VI — Divorce
Subject to the provisions contained in this Part, the court shall in all suits and proceedings hereunder act and Eetie. 18. (1) Notting in this Act shall authorise the court to make any decree of divorce except-
(c) where the domicile of the parties to the marriag at the time when the petition is presented is in Malaysia.
Salio A498 Sulo A498 ispectic 1d scarc Aclo A498 Proof. Principles of law to be applied. [Pt. V-VI, S. 44-48]
(2)"The Registrar shall sign and date the correction made in the certificate of marriage and the local marriage register.
(3) Every entry made under subsection (1) shall be attested by the witnesses in whose presence it was made.
(4) A certified eopy of such correction shall be sent forthwith to the Registrär-General for a similar correction to be made in his marriage register. 45. (1). Every marriageregister and index kept-by.the to inspect the same,
(2) The Registrar-General shall upon payment of the prescribed fee furnish to any person requiring the same a copy of an entry certified under his hand and seal of-office. t. Act andany co ry or er yentry ereiReitrad und his hand and seal of oflice to be-a true copy or extract shall be prima tacieevidence in all courts and tribunals in Malaysia of the dates and acts contained or set out in such marriage rogister, copy or extract. H6A H6B
(1) Nothing in this Act shall authorise the court to make any decree of divorce exceptto be registered under this Act; Or
(b) where the marriage between the parties was contracted under a law providing that, or in contemplation of which, marriage is monogamous; and
(e) wh ete tha d wicih te pe ptaon is tprebeniea i te Malaysia.
[Pt. VI, S. 48-50] an(?) Notbin in dctal oe pall anthorise the court to make
(b) where the marriage between the parties was contracted under a law providing that, or in contemplation of which, marriage is monogamous; and • procecing. iho pttice to the matage meie oa time of the commencement of
(1) Notwithstanding anything to the contrarý in section Additional
(1) (c), the court shall have jurísdiction to entertain jurisdiction in proceed. proceedings by a wite under this Part, although the husband ingsby is not domiciled or resident in Malaysia if— wife.
(a) 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;
(b) 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.
(2) I1 any proceedings in which the High Court has iurisdiction by virtue of this section, the issues shall be determined in accordance with the law which would be appucable thereto if the parties were domiciled or resident in Malaysia.
(3) In this section references to deportation from Malaysia shall be construed as including banishment or expulsion under any written law. ERE3AAE
(2) A Judge of the court may, on an application made * one vi alegptiondl ercumit nos or hadliay suited
[Pt.sV1,:S.: 50-54] sion to Islam. Sulis A498
(3) Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which occurred before the expiration of the specified period.
(1) Where one party to a marriage has converted to Islam, the other party who has not so converted may petition for divorce: Provided that no petition under this section shall be presented before the expiration of the period of three months from the date of the conversion.
(2) Sections 50 and 55 shall not apply to-any petition-for. divoree under this_section.
(3)>
If husband and wife mutually agree that their marriage Tawrice as it Hhinks fit A498° Breakdown of marriage to be sole Sivore for *dissolution as it may deem fit.
(1) Either party to a marriage may petition for a divorce on the ground that the marriage has irretrievably broken down.
(2) The court hearing such petition shall, so far as it
(1) In its inquiry into the facts and circumstances alleged as causing or leading to the breakdown of the marriage, the court shall have regard to one or more of the following facts, that is to say-
(a) that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
[Pt. VI, S. 54-56]
(b) that the respondent has. behaved in such a wa hat the petitioner cannot reasonably be expected t live with the respondent;:
(2) In considering whether it would be just and reasoncircumstances, including the conduct of the parties and how the interests of any child or children of the marriage.or of either party may be atiected it the marriage is dissolved and it may make a decree nisi subject to such terms and conditions as the court may think fit to attach, but if it should appear to the court that in all the circumstances it would be wrong to dissolve the marriage it shall dismiss the petition. seguiring that before the mresentaton ofsapetition for eooa divorce the petitioner shall have recourse to the assistance reconciliaand advice of such persons or bodies as may be made tion. available for the purpose of effecting a reconciliation between parties to a marriage who have become estranged. to 2) e coutt ysatthere io deasonable posse itao reconciliation between the parties to the marriage, the court proceedings. for divorce, to refer to the court any agreement or arrange- tocored. or e omectd wit, ile proeing tor divonce igoi are
[Pt. VI, S.56-58] contemplated or, as the case may be, have begun, and for enabling the court to express an opinion, should it think it desirable to do so, as to the reasonableness of the agreement or arrangement and to give such directions, if any, in the matter as it thinks fit.
(1) Every petition for divorce shall contain— a) particulars of the marriage between the parties anc the mames, ages and sex of the children, if any, o
(b) particulars of the facts giving the court jurisdiction; () paricena the partieprevious matrimonial proceedings vill be sought to prove as evidence of the break lown of the marriage agreement has proposals; and f) particulars of the relief sought.
(2) Every petition for a divorce shall state what steps had been taken to effect a reconciliation. Scho a698 for adultery
(1) On a petition for divorce presented by-the husband in which adultery is alleged, or in the answer of a husband praying for divorce and alleging adultery, the husband respondent. shall make the alleged adulterer a co-respondent unless excused by the court on special grounds ffom doing so; a petition by the husband may inchide a prayer that the co-respondent be condemned in damages in respect of the alleged adultery.
(2) On a petition for divorce presented by the wife in which adulteryis alleged the court may, it it thinks fit direct that the alleged adulteress be made a co-respondent and the petition may then include a prayer that she be condemned in damages for the said adultery.
IPt. VI, S. 58-61] r(3):Where damages have been claimed. against a co-respondent- "' C) if, after the close of the evidence for the petitioner, •the court is of the opinion that there is not sufficient evidence against the co-respondent to justify requirng bum or her to reply, the co-respondent shall b lischarged from the proceedings; o :(b) if, at the conclusion of the hearing, the court is fit, but so that the award shall not include any exemplary or punitive element. 59 (1) The court may award damages against a co-coure respondent notwithstanding that the petition against the respondent is dismissed or adjourned. e0(2)The court shall have power, when awarding damages, adultery. to direct that such damages or any part thereot, be vestec in trustees upon trust to pay the income or capital thereoi for the beneit of the minor children, if any, of the marriage ? where the petitioner is required to pay mamntenance to the respondent, in or towards the payment of such maintenancê, and subject thereto in trust for the petitioner. :(3). Whenever in any petition presented by a husband the alleged adultery has been established against the corespondent, the court may order the co-respondent to pay the Whole or any part of the costs of the proceedings provided that no such order for costs shall be made it the respöndent was at the time of the adultery living apart from the husband and living the life of a prostitute or if ,Co-respondent had not at the time of the adultery reason to believe the respondent to be a marriéd woman. Ou.Iltin any proceedings tor divorce the respondent alleges Hearing of agamnst the petitioner and proves any such fact as is men- petition. loned mn section 34 the court may give the respondent th elief to which the respondent would have been entitled i the respondent had présented a petition seeking that relief. be a decree nisi and shall not be made absolute before the •by. general or special order from time to time fixes a shorter period.
[et. VI, S. 61-63] Pion ta ae court ad on that aped i te co naica-
(a) notwithstanding the provisions of the last foregoing subsection, make the decree absolute;
(b) rescind the decree nisi;
(c) require further inquiry; or
(d) otherwise deal with the case as it thinks fit. soar e2. here a decre of divoroe has been made absolute and
(a) there is no right of appeal against the decree absolute;
(b) the time for appealing against the decree absolute has expired without an appeal having been brought;
(c) an appeal against the decree absolute has been dismissed, either party to the former marriage may marry again. For diecdings 63. (1) Any married person who alleges that reasonable presumplion of death and divorce. have it presumed that the other party is dead and to have the marriage dissolved, and the court, if satisfied that such reasonable grounds exist, may make a decree nisi of presumption of death and of divorce.
(2) In any such proceedings the fact that for a period has been living within that time, shall be evidence that he or she is dead until the contrary is proved. : (3) Sections 61 and 62 shall apply to a petition and a ecreé under this section as they apply to a petition fo ivorce and a decree of divorce respectively.
IPt. VI, S. 64-66] LAW RBFORM (MARRIAGE AND DIVORCB) Judicial Separation such a petition as they apply in relation to a petition for divorce.
(2) Where a court grants a decree of judicial separation it shall n1o longer be obligatory for the petitioner to cohabit with the respondent.
(3) The court may, on an application by petition of the spouse against whom a decree of judicial separation has been made and on being satisfied that the allegations in the petition are true, rescind the decree at any time on the ground that it was obtained in the absence of the applicant or, if desertion was the ground of the decree, that there was reasonable cause for the alleged desertion.
(1) A person shall not be prevented from presenting Judicial a petition for divorce, or the court from pronouncing a separation no bar to decree of divorce, by reason only that the petitioner has petition for at any time been granted a judicial separation upon the divorce. same or substantially the same facts as those proved in support of the petition for divorce.
(2) On any such petition for divorce, the court may treat the decree of judicial separation as sufficient proof of the adultery, desertion, or other ground on which it was granted, but the court shall not pronounce a decree of divorce without receiving evidence from the petitioner. af proced iges or decres d aes agaraton sal he parties have not resumed cohabitation and the decre las been continuously in force since the granting thereof be deemed immediately to precede the presentation of the petition for divorce.
[Pt. VI, S. 66-70] for necessaries supplied for her use. Nullity of Marriage Extento ower t reliet.
Nothing in this Act shall authorise the court to make any decree of nullity of marriage exceptto be registered under this Act; or
(b) where the marriage between the parties was contracted under a law providing that, or it contemplation of which, marriage is monogamous; and
(c) where both the parties to the marriage reside in Malaysia at the time uf the commencement of the proceedings.
Any husband or wife may present a petition to the narriage court praying for a decree of nullity in respect of his or her marriage. Surlis A498 Gorounds on
A marriage which takes place after the-appointed date shall be void only on the following grounds, that is to say that it is not a valid marriage under sections 5, 10 and 11,
(ii) either party is under the age of eighteen or the
(iii) the parties are within the prohibited degrees ot Zrelationship. irounds o
A marriage which takes place after the appointed dat shall be voidable on the following grounds only, that is tr Voidabie is say-
(a) that th maraiay ha smt ean co ts comated oing () tha the waitil ferlai of bee pespondent do cine summate it;
LAW RBFORM (MARRIAGE AND DIVORCE) [Pt. VI, S. 70-72]
(d) that at the time of the marriage either party, thougl capable of giving a valid consent, was (whethe form;
(f) that at the time of the marriage the respondent was pregnant by some person other than the petitioner.
(a) that the petitioner, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and
(b) that it would be unjust to the respondent to grant the decree
(2) Without prejudice to subsection (1), the court shall not grant a decree of nullity on the grounds mentioned in paragraph (e) or (f) of section 70 unless it 1s satisiied that the petitioner was at the time of the marriage ignorant o the facts alleged.
(3) Subsection (1) replaces, in relation to the grounds • grounds.
(a) sredl de the determination of that matter as afore - Mnlysian
[Pt. VI, S. 72-75]
(b) require the application to the marriage of the grounds there mentioned except so far as applicable in accordance with those rules.
(1) If the court finds that the petitioner's case has been proved it shall pronounce a decree of nullity.
(2) A decree of nullity granted after the appointed date on Collusion not to be bar to reliefin cases of nullity. Legitimacy where nullity decree made.
Collusion shall cease to be a bar to the granting of a decree of nullity. 4f4498
(1) Where a decree of nullity is granted in respect of a voidable marriage, any child who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been annenled shall bé oeeed fo be tneir le rmate dhld being of a sod mt roa to eptreyitons o this secion, bis vald tne marriege, both or dito ot Acr 6B. a) only where the father of the child was domiciled i Malaysia at the time of the marriage; anc
(b) in so far as it affects the devolution of any property only to children born after the appointed date.
(4) This section does not affect any rights under the higolel n oning mie opraion beote s sgpбted
(5) Notwithstanding section 6 of the Legitimacy Act, 1961 all children who are deemed legitimate at birth by virtue of the provisions of this section shall be so treated
[Pt. VI-VII, S. 75-76] LAW RBFORM (MARRIAGE AND DIVORCB) in all respects and not as persons legitimated at the date herei marriage or of the Ligitmacy Act, 1961 as provided
(7) In this section the following expressions have the neaning hereby assigned to them, that is to sayvoid marriage" means- a marriage-declared to be-void_ Juli A49 inder sections 5.10, H1 or 12 A"r, I9osition" has the samo meaning as in the Icgitimacy and any reference in this section to property is a reference o any real or personal property, or any interest in suc roperty, which is limited by any disposition (whethe subject to a preceding limitation or charge or nut) in such way as to devolve as nearly as the law permits, whethe r not the property or some interest in the property ma in some event become severed from it.
Part VII — Matters incidental to matrimonial proceedings lrebee
(1) The court may order a man to pay maintenance to his wife or former wife—
(a) during the course of any matrimonial proceedings;
(b) when granting or subsequent to the grant of a decree ...of divorce or judicial separation; ):11, aiter a decree declaring her presumed to be dea ne is tound to be aliv
[Pt. VII, S. 77-82] Poree mdbant olle me i maerned angd wibong o Paving regere e ter neat ti easonite o o ot tht assessment primarily on the means and needs of the parties, regardless of the proportion such maintenance bears to the income of the husband or wife as the case may be. the court apportions to each party for the breakdown of the marriage.
The court may in its discretion when awarding main- Power for tenance order the person liable to pay such maintenance to secure the whole or any part of it by vesting any property sor mainin trustees upon trust to pay such maintenance or part thereof out of the income trom such property and, subject thereto, in trust for the settlor.
An agreement for the payment, in money or other Compound property, ot a capital sum in settlement of all future claims to maintenance, shall not be effective until it has been approved, or approved subject to conditions, by the court, but when so approved shall be a good defence to any claim for maintenance.
(a) if the maintenance was unsecured, on the death of the husband or of the wife, whichever is the earlier;
(b) if the maintenance was secured, on the death of the spouse in whose favour it was made.
[Pt. VII, S. 82-861 soha case on i or se mrnie or r ria ie ealiay with any other person unless the agreement otherwise Pouretfor 83. The court may at any time and from time to time vary, Power of court to vary agreements for maintenance.
Subject to section 80, the court may at any time and from time to time vary the terms of any agreement as to maintenance made between husband and wife, whether made before or after the appointed date, where it is satisfied that there has been any material change in the circumstances and notwithstanding any provision to the contrary in any such agreement. Main-
Maintenance payable to any person under any order of tenance payable court shall not be assignable or transferable or liable to be under order of court to attached, sequestered or levied upon for, or in respect of, be inalienable. any debt or claim whatsoever. Recovery
(1) Subject to subsection (3), arrears of unsecured f arrear f main maintenance, whether payable by agreement or under tenance. orovable in his or her bankruptcy and, where they accrued due before his or her death, shall be a debt due from his o1 her estate. peson nit d inet slaltloe reovceat as e ese by the legal personal representatives of such person.
(3) No amount owing as maintenance shall be recoverable in any suit if it accrued due more than three years before the institution of the suit.
[Pt. VILI, S. 87-891
Part VII — Protection of children
In this Part, wherever the context so requires, "child" oecnina. has the meaning of "child of the marriage" as defined in section 2 who is under the age of eighteen years.
(1) The court may at any time by order place a child Pourttor in the custody of his or her father or his or her mother or, make order where there are exceptional circumstances making it for custody sotct or phitat moude chili moth e vi to mạy n ngấn suitable person.
(2) In deciding in whose custody a child should be placed chil paramount consideration shall be the welfare of the and subject to this the court shall have regard—
(a) to the wishes of the parents of the child; and
(b) to the wishes of the child, where he or she is of an age to express an independent opinion.
(3) There shall be a rebuttable presumption that it is for the good of a child below the age of seven years to be with his or her mother but in deciding whether that presumption applies to the facts of any particular case, the court shall have regard to the undesirability of disturbing the life of a child by changes of custody.
(4) Where there are two or more children of a marriage, the court shall not be bound to place both or all in the custody of the same person but shall consider the welfare of each independently.
(1) An order for custody may be made subject to such Orders conditions as the court may think fit to impose, and subject conieions. to such conditions, if any, as may from time to time apply, hall entitle the person given custody to decide all question elating to the upbringing and education of the chilc 2) Without prejudice to the generality of subsection (1) ın order for custody may--
(a) contain conditions as to the place where the child is to reside, as to the manner of his or her education and as to the religion in which he or she is to be
[Pt. VIlI, S. 89-92]
(b) provide for the child to be temporarily in the care and control of some person other than the persor given custody;
(c) provide for the child to visit a parent deprived of ustody or any member of the family of a paren ho is dead or has been deprived of custody at suc times and for such periods as the court may consider reasonable; d) give a parent deprived of custody or any membe f the family of à parent who is dead or has bee deprived of custody the right of access to the child at such times and with such frequency as the court may consider reasonable; or
(e) prohibit the person given custody from taking the child out of Malaysia. Declaratory
(1) The court may, when granting a divorce or judicial separation, or at any time thereafter, on the application of the father or the mother of any child of the marriage, make an order declaring either parent to be a person unfit to have the custody of the child and may at any time rescind any such order.
(2) Where an order has been made under subsection (1), mninod oe reno ate e i rae e o oro ia co. wise orders. Custody of
When a child is deemed to be legitimate under section O5, tr o mother to the cothraty, bocenf aay to cetedy of the child. •::. Duty to maintain children. wise provides, or e prriidee to she maittenance of hisaor herchldren whether they are in his or her custody or the custody of 'any other person, either by providing them with such
[Pt. VIIl, S. 93-96] LAW REFORM (MARRIAGE ANDDIVORCE)
(1) The court may at any time order a man to pay Pourtfor maintenance for the benefit of his child-
(a) if he las refused or neglected reasonably to provide siltenbi for the child;
(b) if he has deserted his wife and the child is in her charge;
(c) during the pendency of any matrimonial proceedings; or d) when making or subsequent to the making of ai rder placing the child in the custody of any othe person.
(2) The court shall have the corresponding power to order a woman to pay or contribute towards the maintenance of her child where it is satisfied that having regard to her means it is reasonable so to order.
(3) An order under subsection (1) or (2) may direct payment to the person having custody or care and control of the child or trustees for the child. 4. Ihe court may, in its discretion, when ordering the Power f ayment or maıntenance for the benefit of any child, order courtt Whole or any pat of it by vesting any properi in truste pe. bp one tnso me trom ssch pronenty, on osule heeeeto in i the income trust for the settlor. the ceasing of such disability, whichever is the later. FEEEECE any misrepresentation or mistake of fact or where there has been any material change in the circumstances.
BHY cin as member of family. Courtto have regard to advice of welfare officers, etc. Power for court to restrain takingof hild out o Malaysia [Pt. VILI, S. 97-101]
The court may at any time and from time to time vary the terms of any agreement relating to the custody or maintenance of a child, whether made before or after the appointed date, notwithstanding any provision to the contrary in any such agreement, where it is satisfied that it is reasonable and for the welfare of the child so to do. a pegrioen o al aenye toratie menendog to orderg for 9. (1) Where a man has accepted a child who is not hi hild as a member of his family, it shall be his duty t maintain such child while he or she remains a child, so far as the father and the mother of the child fail to do so, and the court may make such orders as may be necessary Provided that the duty imposed by this subsection shall cease if the child is taken away by his or her father or mother.
(2) Any sums expended by a man maintaining such child shall be recoverable as a debt from the father or mother of the child. LOU. When considering any question relating to the custod r maintenance of any child, the court shall, whenever i is practicable, take the advice of some person, whether or not a public officer, who is trained or experienced in child welfare but shall not be bound to follow such advice.
(1) The court may on the application of the father or mother of a child-—
(a) where any matrimonial proceeding is pending; or
(b) where, under any agreement or order of court, one parent has custody of the child to the exclusion of issue an injunction restraining the other parent from taking the child out of Malaysia or may give leave for such child to be taken out of Malaysia either unconditionally or subject to such conditions or such undertaking as the court may think
(2) The court may, on the application of any interested ›erson, issue: an injunction restraining any person, other han a personchaving custody of a child, from taking th child out of Malaysia.
[Pt. VIII, S. 101-103] section shal be pcompable as a cooreept o do under this Other reliefs
(1) Where— Power fo
(a) any matrimonial proceeding is pending; or
(o) an order baspled wiad, under section 76 and na fire claims to
(c) an order for maintenance has been made under enance. section 77 or 93 and has not been rescinded; or
(d) maintenance is payable under any agreement to or for the benefit of a spouse or former spouse or child, the court shall have power on application—
(1) it i s stasted tat any disposition oi property has been made by the spouse or former spouse or parent of the person by or on whose behalf the application is made, within the preceding three years, with the object on the part of the persor making the disposition of reducing his or her means to pay maintenance or of depriving his or to that property, to set aside the disposition; and
(ii) if it is satisfied that any disposition of property is intended to be made with any such object, to grant an injunction preventing that disposition.
(2) For the purposes of this section— disposition oer fransanon cihees by salegetthip are, mosesion or an "property" means property of any nature, movable o immovable, and includes money.
The court shall have power during the pendency of Injunctions any maor doivior er cddial soparatora fer the iento to molestaion. rder any person to refrain from forcing his or her societ on his or her spouse or former spouse and from other act
[Pt. IX, S. 104-106]
Part IX — Miscellaneous
(1) No person shall petition for divorce, except under sections 51 and 52, unless he or she has first referred the matrimonial difficulty to a conciliatory body and that body has certified that it has failed to reconcile the parties: Provided that this requirement shall not apply in any case-
(i) where the petitioner alleges that he or she has been deserted bý and does not know the whereabouts of his or her spouse;
(ii) where the respondent is residing abroad and it is ınlikely that he or she will enter the jurisdictio vithin six months next ensuing after the date o
IPt. IX, S. 1061
(iii) where the respondent has been required to appear before a conciliatory body and has wilfully failed to attend;
(iv) where the respondent is imprisoned for a term of five years or more;
(v) where the petitioner alleges that the respondent is suffering from incurable mental illness; or
(vi) where the court is satisfied that there are exceptional circumstances which make reference to a conciliatory body impracticable.
(2) A matrimonial difficulty may be referred to any conciliatory body acceptable to both parties but, where they are unable to agree on a conciliatory body, shall be referred to tbe marriage tribunal for the area in which they reside or, where they are living in different areas, to the marriage tribunal for the area in which they had last resided together.
(3) A "conciliatory body" means—
(a) a council set up for the purposes of reconciliation by the appropriate authority of any religion, community, clan or association; or
(b) a marriage tribunal; or
(c) ay nothe in dye aCazeved as such by the Minister
(4) A marriage tribunal shall be set up for such specified area or district as the Minister may decide, consisting of a Chairman and not less than two nor more than four other members who shall be nominated by the Minister, or by such oficer to whom the Minister may have delegated his powers to in that behalf. () (a) A concuiatory body to which a matrimonial difficulty has been referred shall resolve it within the period of six months from the date of reference; and shall require the attendance ot the parties and shall give each ot 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.
(b) If the conciliatory body is unable to resolve the matrimonial difficulty to the satisfaction of the parties and to persuade them to resume married life together, it shall
IPt. IX, S. 106-108] meanemaec disgaon o marthanil. proety eao e custody of the minor children, if any, of the marriage.
(c) No advocate or solicitor shall appear or act as such for any party in any proceeding before a conciliatory body and no party shall be represented by any person, other thar a member of his or her family, without the leave of the conciliatory body. ice of er of ces nnи- 5. the preseitbed pariclin of ail doces ol carore end annulment sent to him under subsection (2) and of all decrees of divorce and annulment for the registration of
(2) Every court which grants a decree of divorce or annulment shall forthwith send one certified true copy of the decree to the Registrar-General for registration.
(3) Where a marriage which is solemnised in Malaysia is dissolved or annulled by a decree of a court of compe- :ent jurisdiction outside Malaysia, either of the parties may apply to the Registrar-General for the registration o shat de deeren ds one Rhich should be rer grised as waed for the purposes of the law of Malaysia, shall register that decree. grantea, has dissolved a marriage which was solemnised ir Malaysia and which has been registered under this Act oI relating to that decree was granted. er to e rules.
(1) The Rules Committee may make rules regulating underacice Act as rocey consider egpedientand aisorones to fix and regulate the fees and costs payable upon al uch proceedings; and subject thereto all proceedings unde this Act shall be regulated by the Rules of the Supreme Court, 1957. Puiice + Matrinuaial friccederigs Rules 1980- P.V.C4)32/80
IPL. IX, S. 108-109] LAW KEFURM (MARRIAGE AND DIVORCE)
(2) The Minister may make rules for the purposes of lis Act and, without prejudice to the generality of tł regoing, such rules may provide for
(a) prescribing the manner in which the Registrars shall exercise the powers conferred on them by thi Act;
(b) the form of marriage registers and certificates of bariage and the mode in which tthe nupeibenlend legisthass, be kept; (°) theistrats c) the mode in which the Registrar-General,th Registrars and Assistant Registrars shall keei certificates of marriage, marriage registers and indices thereof;
(d) the supply and the safe custody of marriage registers, Registrars' note-books and all declarations madefor the purposesofthis Act;
(e) the preparation and submission of returns of marriages solemnised in Malaysia and abroad and of marriages registered under this Act;
(f) the forms of any certificates, notices or other documents required for the purpose of carrying out this Act; () the making of searches and the giving of certifed
(h) fixing the fees chargeable for the purposes of this Scelo A498
The written laws or provisions of thewritten-lawsRepeal. specified in the Schedule are hereby repealed: Provided that all proceedings commenced under the Jivorce Uramnance, every petition for divorce other than one on which a decree nisi has been granted, shall be deemed to be a petition for divorce under this Act and the grounds set out in the petition shall be deemed to be the principal allegations which it will be sought to prove as evidence of the breaklown of the marriage, hecoufthotterviseeorders bre stackede rendineeeren to a conciliatory body; and provided further, that where a deefee nisi has been granted, the proceeding shall continue as if this Act had not-been passed.
[Schedule] Acr 164 DulisA498 illegitimate child. - - KUALA LUSIPUR DICETAX OLER PEAANGKU KETUA FENGARAH PERCETAKAN DAN DITERBITKAN DENGAN PERINTALI PADA 11h8 mAC, 1976 Harga: S1
Cite this legislation
- Official citation
- Act 164
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) ↗
Law Reform (Marriage and Divorce) Act 1976 [Act 164] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-164
This text is synced from lom.agc.gov.my. In case of any discrepancy, the authoritative text prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).