PEMPETISYEN PACHAYAMAH A/P PACHAIAPPAN GUENDA RAJU A/L KARUPPIA

PEMPETISYEN PACHAYAMAH A/P PACHAIAPPAN GUENDA RAJU A/L KARUPPIA

The application to set aside the decree nisi made absolute is dismissed because the substituted service order was properly obtained and complied with, the respondent's non-attendance was deliberate rather than due to lack of service, and the respondent failed to produce evidence of a meritorious defence regarding the division of matrimonial assets; therefore no good and compelling reasons existed to set aside the decree nisi.

Citation
BA-33-103-03/2021 (Mahkamah Tinggi)
Parties
Petitioner Wife: PACHAYAMAH A/P PACHAIAPPAN; Respondent Husband: GUENDA RAJU A/L KARUPPIA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 March 2022
Case Number
BA-33-103-03/2021 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition Under Law Reform (marriage and Divorce) Act 1976 / Application to Set Aside Decree Nisi Made Absolute (post Judgment)
Outcome
Application dismissed; decree nisi and decree nisi absolute upheld
Legal Topics
Substituted Service, Setting Aside Decree Nisi, Service of Process, Division of Matrimonial Assets, Default Judgment, Non Disclosure
Source Language
Malay/English
Family Law Matrimonial Law Civil Procedure Substituted Service Setting Aside Decree Nisi Service of Process Division of Matrimonial Assets Default Judgment +1 more

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Parties

PACHAYAMAH A/P PACHAIAPPAN

Petitioner Wife

GUENDA RAJU A/L KARUPPIA

Respondent Husband

Procedural Posture

Divorce Petition Under Law Reform (marriage and Divorce) Act 1976 / Application to Set Aside Decree Nisi Made Absolute (post Judgment)

Legal Issues

  1. 1 Whether substituted service order was valid and complied with
  2. 2 Whether a decree nisi made absolute can be set aside absent good and compelling reasons
  3. 3 Whether the respondent had a meritorious defence on division of matrimonial assets

Ratio Decidendi

The application to set aside the decree nisi made absolute is dismissed because the substituted service order was properly obtained and complied with, the respondent's non-attendance was deliberate rather than due to lack of service, and the respondent failed to produce evidence of a meritorious defence regarding the division of matrimonial assets; therefore no good and compelling reasons existed to set aside the decree nisi.

Court Disposition

Application dismissed; decree nisi and decree nisi absolute upheld

Orders

  • Application dismissed
  • Decree nisi and decree nisi absolute upheld