Malaysia Case Law: Decisions & Judgments

Topic

Decree nisi

Legal area

Court

14 Aug 2025

Allison Fong Chong Sin Lai @ Song Sin Lai

Citation

N-02(IM)-645-04/2024 (Mahkamah Rayuan)
Court

IM
Case number

N-02(IM)-645-04/2024 (Mahkamah Rayuan)

The Court held there were no good reasons or exceptional circumstances to set aside a Decree Nisi that had been made absolute after six years; substituted service was properly effected by posting and newspaper advertisement at the Appellant's last known address and was not successfully challenged by separate proceedings; therefore the High Court's dismissal of the setting aside application was correct and the appeal was dismissed with costs.
23 Jun 2025

PEMPETISYEN 1. ) H E B 2. ) H E M

Citation

S4-33-604-2000 (Mahkamah Tinggi)
Court

High Court
Case number

S4-33-604-2000 (Mahkamah Tinggi)

The application to backdate the Decree Absolute was dismissed because the failure to make the decree nisi absolute was substantive, not a clerical slip; sections 61 and 62 of the Law Reform (Marriage and Divorce) Act require positive procedural steps to make a decree absolute and prevent automatic backdating; the Court has no power under the slip rule or inherent jurisdiction to create the substantive effect sought, therefore the Decree Absolute remains dated 16 January 2025.
20 Jan 2025

PEMPETISYEN SARASWATHY A/P PERUMAL N ANNADURAI A/L NARAYANASAMY

Citation

BA-33-285-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-285-04/2024 (Mahkamah Tinggi)

The Notice of Appeal was filed outside the mandatory 30-day period in Rule 12 and no extension was sought, rendering the appeal defective and liable to be dismissed; independently, the High Court was entitled to enter judgment and grant the reliefs claimed after the Respondent repeatedly disobeyed express directions to file a Reply/Cross-Petition (Order 34 ROC). On the merits the matrimonial home is a matrimonial asset under s.76 LRA and, having regard to contributions and circumstances, an equal division of sale proceeds is appropriate; RM1,000 per month by the father (apportioned equally be…
4 Mar 2024

PEMPETISYEN D ANNE JACINTA A/P W H DANAPALA SUNIL KUMAR VISHWAKARMA

Citation

BA-33-863-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-863-11/2023 (Mahkamah Tinggi)

Respondent was personally served, was given clear directions and time to file a reply and appoint counsel, but failed without explanation to attend the hearing; accordingly the court lawfully proceeded in his absence, accepted the petitioner's evidence and granted the Decree Nisi (made absolute) and ancillary orders in paragraph 35(i)-(vi).
21 Aug 2023

Ching Suet Yeen Lee Hock Teong

Citation

B-02(IM)-721-04/2021 (Mahkamah Rayuan)
Court

IM
Case number

B-02(IM)-721-04/2021 (Mahkamah Rayuan)

The decree nisi having been made absolute and the appellant having had and withdrawn her appellate remedy, the Court of Appeal held the decree is final and cannot be rescinded by invoking Rule 44 DMPR 1980 or s.61(2)(b) LRA absent illegality, fraud, misrepresentation or lack of jurisdiction; the injunction claim failed for lack of particulars and evidence.
1 Jun 2023

PEMPETISYEN 1. ) WONG YEOW JOE 2. ) CHOO PEI YI

Citation

JA-33JP-296-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-33JP-296-04/2021 (Mahkamah Tinggi)

Applicant failed to prove on the balance of probabilities that there was any material change of circumstances or misrepresentation justifying variation; allegations of neglect and injury were uncorroborated by medical reports; evidence showed applicant had misused access; presumption under s.88(3) and the best interests of the young children favoured continuation of current arrangements; application dismissed.
14 Feb 2022

PEMPETISYEN TAN AIK LING HEAH LEE PENG

Citation

PA-33-118-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-33-118-03/2020 (Mahkamah Tinggi)

The husband failed to make full and frank financial disclosure; adverse inferences were drawn that his true means exceed the disclosed salary. Balancing the wife's demonstrated needs and the husband's means and conceded obligations, the court fixed interim personal maintenance for the wife at RM6,000 per month from March 2022 until decree nisi, ordered continuation of the car instalment for the respondent's use and continuation of the matrimonial home instalment, and ordered the husband to pay the daughter's education expenses in Japan when she pursues higher education.
18 Dec 2020

HUNG MOY ANG CHA HOOI

Citation

W-02 (IM)-1081-06/2019 (Mahkamah Rayuan)
Court

IM
Case number

W-02 (IM)-1081-06/2019 (Mahkamah Rayuan)

Appeal allowed: the High Court erred in setting aside the Decree Nisi and Decree Nisi Absolute because substituted service was properly effected and the respondent's application was barred by an inordinate delay of over seven years with no good reason to rescind a decree made absolute under section 61; therefore the Decree Nisi (2.6.2010) and Decree Nisi Absolute (3.9.2010) were reinstated.
7 Jan 2020

LZT ...RESPONDENT LAIN-LAIN YWS ...PETITIONER

Citation

WA-33-570-09/2016 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-570-09/2016 (Mahkamah Tinggi)

Because the CHD Property was registered in the names of PW and RH and loan documents named them as co-borrowers, the court interpreted 'all costs' in the Decree Nisi to include the construction costs and loan instalments; RH was entitled to enforce the Decree Nisi by judgment debtor summons and recover 50% of those costs from PW; accordingly PW was ordered to pay specified sums and release stakeholder funds.
20 Dec 2019

GURPINDER KAUR A/P MANMOHAN SINGH (NO.K/P: 921229-06-5694) HARKIRENJIT KAUR A/P GARMEIL SINGH (NO. K/P: 840914-08-5656)

Citation

WA-23CY-25-05/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23CY-25-05/2018 (Mahkamah Tinggi)

The court granted the defendant's application under Order 18 r.19(1) because the issues in the plaintiff's civil suit were the same as those raised and effectively resolved by the consent Decree Nisi in the related family proceedings; therefore res judicata and abuse of process applied and the writ was properly struck out.