PEMPETISYEN 1. ) H E B 2. ) H E M

PEMPETISYEN 1. ) H E B 2. ) H E M

The application to backdate the Decree Absolute was dismissed because the failure to make the decree nisi absolute was substantive, not a clerical slip; sections 61 and 62 of the Law Reform (Marriage and Divorce) Act require positive procedural steps to make a decree absolute and prevent automatic backdating; the Court has no power under the slip rule or inherent jurisdiction to create the substantive effect sought, therefore the Decree Absolute remains dated 16 January 2025.

Citation
S4-33-604-2000 (Mahkamah Tinggi)
Parties
Petitioner Husband: HEB; Petitioner Wife: HEM
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 June 2025
Case Number
S4-33-604-2000 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition / Application to Backdate Decree Absolute; Judgment
Outcome
Application dismissed. Decree Absolute remains dated 16 January 2025. No order as to costs.
Legal Topics
Decree Nisi, Decree Absolute, Backdating, Slip Rule, Inherent Jurisdiction, Legitimacy of Children, Remarriage
Source Language
Malay/English
Family Law Divorce Civil Procedure Marriage Law Decree Nisi Decree Absolute Backdating Slip Rule +3 more

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Parties

HEB

Petitioner Husband

HEM

Petitioner Wife

Procedural Posture

Divorce Petition / Application to Backdate Decree Absolute; Judgment

Legal Issues

  1. 1 Whether the Court has authority to backdate a Decree Absolute
  2. 2 Whether failure to make a decree nisi absolute is a clerical/technical error correctable under the slip rule
  3. 3 Legal consequences of failing to convert a decree nisi into a decree absolute including validity of subsequent marriages and status of children

Ratio Decidendi

The application to backdate the Decree Absolute was dismissed because the failure to make the decree nisi absolute was substantive, not a clerical slip; sections 61 and 62 of the Law Reform (Marriage and Divorce) Act require positive procedural steps to make a decree absolute and prevent automatic backdating; the Court has no power under the slip rule or inherent jurisdiction to create the substantive effect sought, therefore the Decree Absolute remains dated 16 January 2025.

Court Disposition

Application dismissed. Decree Absolute remains dated 16 January 2025. No order as to costs.

Orders

  • Application to backdate the Decree Absolute dismissed
  • Decree Absolute to remain dated 16 January 2025