PEMPETISYEN 1. ) Shaalini A/p Gajendran 2. ) KIRTHIGA SUTHAN A/L KATHIRAVELLU

PEMPETISYEN 1. ) Shaalini A/p Gajendran 2. ) KIRTHIGA SUTHAN A/L KATHIRAVELLU

The petition was dismissed because it failed to specify and prove the correct ground under section 70: there was no evidence of incapacity under s70(a) and s70(b) could not be invoked in a joint petition since wilful refusal must be by a respondent; additionally the petition amounted to an abuse of process and the relief sought conflicted with section 73.

Citation
WA-33-708-12/2022 (Mahkamah Tinggi)
Parties
Petitioner: KIRTHIGA SUTHAN A/L KATHIRAVELLU; Petitioner: SHAALINI A/P GAJENDRAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 February 2023
Case Number
WA-33-708-12/2022 (Mahkamah Tinggi)
Procedural Posture
Nullity Petition (marriage) / Judgment Petition Dismissed
Outcome
Petition dismissed
Legal Topics
Nullity of Marriage, Non Consummation, Wilful Refusal to Consummate, Abuse of Process
Source Language
Malay/English
Family Law Marriage & Divorce Civil Procedure Nullity of Marriage Non Consummation Wilful Refusal to Consummate Abuse of Process

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Parties

KIRTHIGA SUTHAN A/L KATHIRAVELLU

Petitioner

SHAALINI A/P GAJENDRAN

Petitioner

Procedural Posture

Nullity Petition (marriage) / Judgment Petition Dismissed

Legal Issues

  1. 1 Whether petitioners proved incapacity to consummate under section 70(a) of the Law Reform (Marriage & Divorce) Act 1976
  2. 2 Whether there was wilful refusal by a respondent under section 70(b) when the petition was filed jointly
  3. 3 Whether a joint nullity petition based on mutual refusal is permissible

Ratio Decidendi

The petition was dismissed because it failed to specify and prove the correct ground under section 70: there was no evidence of incapacity under s70(a) and s70(b) could not be invoked in a joint petition since wilful refusal must be by a respondent; additionally the petition amounted to an abuse of process and the relief sought conflicted with section 73.

Court Disposition

Petition dismissed

Orders

  • The joint petition for nullity is dismissed