Malaysia Case Law: Decisions & Judgments

Topic

Law reform (marriage & divorce) act 1976

Legal area

Court

10 Sept 2024

PEMPETISYEN W E I

Citation

WA-33-373-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-373-08/2024 (Mahkamah Tinggi)

The Second Marriage was void ab initio under section 69(a) because the Petitioner remained lawfully married to his first wife at the time of the Second Marriage; accordingly the court must pronounce a decree of nullity under section 73, and the Petitioner’s conduct amounted to bigamy under sections 5 and 7 of the Law Reform (Marriage & Divorce) Act and section 494 of the Penal Code.
13 Oct 2022

PEMPETISYEN PREMGANESH A/L DR K GANAISAN 1. ) NAGALETCHUMY A/P THANGARASU 2. ) Lee Shir Min PENCELAH ALAI SUNDRAM @ BALASARASWATHY A/P SUPPIAH

Citation

BA-33-279-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-279-05/2021 (Mahkamah Tinggi)

The application was allowed because the petitioner’s separation ground established entitlement to divorce and an inquiry into an adultery allegation against LSM, when no claim for damages was made, would be frivolous, cause undue delay and run counter to the legislative policy to avoid reopening past conduct; accordingly the claim against LSM was struck out and costs awarded.
26 Jul 2022

PEMPETISYEN HOO SIE YIN (P) CHEN CHEE WAH @ CHEN LOONG HENG

Citation

33-342-07/2015 (Mahkamah Tinggi)
Court

High Court
Case number

33-342-07/2015 (Mahkamah Tinggi)

The application was dismissed because it was procedurally defective in ways that caused prejudice and could not be cured, it failed to invoke the correct statutory basis to vary a consent order that required mutual consent for sale, and the affidavit evidence did not establish necessity or expediency for a court‑ordered sale; accordingly there was no basis to order sale and the application was dismissed with costs.

Malaysia Case Law

PEMPETISYEN W E I

PEMPETISYEN PREMGANESH A/L DR K GANAISAN 1. ) NAGALETCHUMY A/P THANGARASU 2. ) Lee Shir Min PENCELAH ALAI SUNDRAM @ BALASARASWATHY A/P SUPPIAH

PEMPETISYEN HOO SIE YIN (P) CHEN CHEE WAH @ CHEN LOONG HENG