PEMPETISYEN ESTHER A/P DORAISAMY VIJAYAN A/L GOPAL

PEMPETISYEN ESTHER A/P DORAISAMY VIJAYAN A/L GOPAL

The court found the 2002 certificate invalid after the parties reconciled and lived together for ten years and held the liberty clause did not permit reuse of the old certificate; section 106(1) requires a fresh certificate or a prior court dispensation before filing and dispensation must be sought before filing; accordingly the petition was plainly filed in contravention of section 106(1) and was struck out under Order 18 Rule 19(1).

Citation
BA-33-386-07/2020 (Mahkamah Tinggi)
Parties
Petitioner Wife: ESTHER A/P DORAISAMY; Respondent Husband: VIJAYAN A/L GOPAL
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 March 2022
Case Number
BA-33-386-07/2020 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition / Application to Strike Out Under Order 18 Rule 19
Outcome
Respondent's application allowed; petition struck out
Legal Topics
Section 106 LRMDA, Certificate of Non Conciliation, Dispensation Order, Liberty Clause, Striking Out, Abuse of Process
Source Language
Malay/English
Family Law Civil Procedure Statutory Interpretation Section 106 LRMDA Certificate of Non Conciliation Dispensation Order Liberty Clause Striking Out +1 more

Case Brief

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Parties

ESTHER A/P DORAISAMY

Petitioner Wife

VIJAYAN A/L GOPAL

Respondent Husband

Procedural Posture

Divorce Petition / Application to Strike Out Under Order 18 Rule 19

Legal Issues

  1. 1 Whether a 2002 certificate of non-conciliation remains valid after parties reconciled and lived together for ten years
  2. 2 Whether a liberty clause in an earlier struck out petition permits reuse of an old non-conciliation certificate
  3. 3 Whether an application for dispensation under section 106(1) can be made after filing the petition

Ratio Decidendi

The court found the 2002 certificate invalid after the parties reconciled and lived together for ten years and held the liberty clause did not permit reuse of the old certificate; section 106(1) requires a fresh certificate or a prior court dispensation before filing and dispensation must be sought before filing; accordingly the petition was plainly filed in contravention of section 106(1) and was struck out under Order 18 Rule 19(1).

Court Disposition

Respondent's application allowed; petition struck out

Orders

  • Petition struck out for non-compliance with section 106(1) LRMDA
  • Respondent's strike out application allowed under Order 18 Rule 19(1) ROC