LAIN-LAIN 1. ) SSS ... PETITIONER HUSBAND 2. ) JTSV ... RESPONDENT WIFE

LAIN-LAIN 1. ) SSS ... PETITIONER HUSBAND 2. ) JTSV ... RESPONDENT WIFE

The Decree Nisi rendered the divorce proceedings final in 2005; the Amendment Act's transitional provision (s8) did not apply because the variation application was filed after commencement and the original proceedings were not pending on commencement; therefore amended s95 LRA does not apply and its amendment is not a material change under s96 to permit variation; the wife's variation application is dismissed.

Citation
S8-33-1613-2004 (Mahkamah Tinggi)
Parties
Petitioner Husband: SSS; Respondent Wife: JTSV
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 July 2020
Case Number
S8-33-1613-2004 (Mahkamah Tinggi)
Procedural Posture
Divorce Child Maintenance Variation / Interlocutory Determination Under Order 14 A/order 33 (order 14 a Application)
Outcome
Variation Application dismissed
Legal Topics
Child Maintenance, Variation of Decree, Transitional Provisions, Finality of Judgment, Order 14 a Summary Disposal
Source Language
Malay/English
Family Law Statutory Interpretation Civil Procedure Child Maintenance Variation of Decree Transitional Provisions Finality of Judgment Order 14 a Summary Disposal

Case Brief

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Parties

SSS

Petitioner Husband

JTSV

Respondent Wife

Procedural Posture

Divorce Child Maintenance Variation / Interlocutory Determination Under Order 14 A/order 33 (order 14 a Application)

Legal Issues

  1. 1 Whether the divorce proceedings were 'commenced or pending immediately before' the Amendment Act for transitional application
  2. 2 Whether section 8 of the Amendment Act permits the wife's variation application
  3. 3 Whether amended section 95 LRA applies to these proceedings

Ratio Decidendi

The Decree Nisi rendered the divorce proceedings final in 2005; the Amendment Act's transitional provision (s8) did not apply because the variation application was filed after commencement and the original proceedings were not pending on commencement; therefore amended s95 LRA does not apply and its amendment is not a material change under s96 to permit variation; the wife's variation application is dismissed.

Court Disposition

Variation Application dismissed

Orders

  • Variation Application dismissed
  • No order as to costs