Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Legitimacy of children
  • 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.