Punitha a/p Jayacelam LAIN-LAIN Pempetisyen - Magendiran a/l Muthusamy

Punitha a/p Jayacelam LAIN-LAIN Pempetisyen - Magendiran a/l Muthusamy

Given the petitioner was absent and personal service was refused, leaving notices at a conspicuous part of the house constituted valid service in the circumstances; coupled with the petitioner's constructive and actual knowledge of the affirmed decree nisi, the Deputy Registrar correctly granted leave to issue a writ of possession and the appeal to set aside that leave was dismissed.

Citation
AB - 33 - 25 - 04/2018 (Mahkamah Tinggi)
Parties
Petitioner: Magendiran A/L Muthusamy; Respondent: Punitha A/P Jayacelam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 August 2021
Case Number
AB - 33 - 25 - 04/2018 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition With Post‑decree Property Possession Enforcement / Appeal Against Deputy Registrar's Grant of Leave to Issue Writ of Possession Following Final Decree Nisi
Outcome
Appeal dismissed; judgment for respondent
Legal Topics
Divorce Decree, Writ of Possession, Service of Process, Leave to Issue Writ, Constructive Notice, Costs
Source Language
Malay/English
Family Law Civil Procedure Property Law Enforcement/execution Divorce Decree Writ of Possession Service of Process Leave to Issue Writ +2 more

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Parties

Magendiran A/L Muthusamy

Petitioner

Punitha A/P Jayacelam

Respondent

Procedural Posture

Divorce Petition With Post‑decree Property Possession Enforcement / Appeal Against Deputy Registrar's Grant of Leave to Issue Writ of Possession Following Final Decree Nisi

Legal Issues

  1. 1 Whether service of application for leave to issue writ of possession complied with O45 r 3(3) ROC
  2. 2 Whether petitioner had actual or constructive notice of the decree nisi and leave application
  3. 3 Whether leave granted by Deputy Registrar to issue writ of possession was properly made and should be set aside

Ratio Decidendi

Given the petitioner was absent and personal service was refused, leaving notices at a conspicuous part of the house constituted valid service in the circumstances; coupled with the petitioner's constructive and actual knowledge of the affirmed decree nisi, the Deputy Registrar correctly granted leave to issue a writ of possession and the appeal to set aside that leave was dismissed.

Court Disposition

Appeal dismissed; judgment for respondent

Orders

  • Appeal dismissed
  • Judgment for respondent affirmed