PEMPETISYEN P K R K D S

PEMPETISYEN P K R K D S

The parties had lived apart for more than two years (approximately five years); the petitioner left voluntarily as a result of marital problems and respondent failed to rebut the prima facie inference of irretrievable breakdown under s54(1)(d); balancing equities, the court concluded it was just and reasonable to dissolve the marriage and ordered transfer of the long‑used mobile number to the petitioner.

Citation
WA-33-627-10/2019 (Mahkamah Tinggi)
Parties
Petitioner: PKR; Respondent: KDS
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 May 2022
Case Number
WA-33-627-10/2019 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition (law Reform (marriage and Divorce) Act 1976) / Final Judgment on Petition (determined on Written Submissions)
Outcome
Petition allowed (divorce granted)
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Separation, Matrimonial Property, Maintenance, Capacity
Source Language
Malay/English
Family Law Civil Procedure Divorce Irretrievable Breakdown of Marriage Separation Matrimonial Property Maintenance Capacity

Case Brief

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Parties

PKR

Petitioner

KDS

Respondent

Procedural Posture

Divorce Petition (law Reform (marriage and Divorce) Act 1976) / Final Judgment on Petition (determined on Written Submissions)

Legal Issues

  1. 1 Whether the marriage had irretrievably broken down
  2. 2 Whether two years' separation under s54(1)(d) constituted sufficient proof given respondent's contest
  3. 3 Whether petitioner was entitled to the disputed mobile telephone number registered to company SGEA

Ratio Decidendi

The parties had lived apart for more than two years (approximately five years); the petitioner left voluntarily as a result of marital problems and respondent failed to rebut the prima facie inference of irretrievable breakdown under s54(1)(d); balancing equities, the court concluded it was just and reasonable to dissolve the marriage and ordered transfer of the long‑used mobile number to the petitioner.

Court Disposition

Petition allowed (divorce granted)

Orders

  • Petition for divorce allowed and decree for dissolution of marriage to be made
  • Respondent to transfer the disputed mobile telephone number to the Petitioner (to be registered in his individual name)