Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Non-consummation

Legal area

Court

17 Feb 2023

PEMPETISYEN 1. ) Shaalini A/p Gajendran 2. ) KIRTHIGA SUTHAN A/L KATHIRAVELLU

Citation

WA-33-708-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-708-12/2022 (Mahkamah Tinggi)

The petition was dismissed because it failed to specify and prove the correct ground under section 70: there was no evidence of incapacity under s70(a) and s70(b) could not be invoked in a joint petition since wilful refusal must be by a respondent; additionally the petition amounted to an abuse of process and the relief sought conflicted with section 73.
20 Oct 2021

NNT LAIN-LAIN PEMPETISYEN VKR

Citation

JA-33-310-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-33-310-08/2020 (Mahkamah Tinggi)

The court found the petitioner had lived apart for the requisite continuous two years and that the marriage had irretrievably broken down; the cross-petition alleging unreasonable behaviour and desertion by the petitioner failed because evidence showed the respondent instigated and sustained the breakdown and non-consummation was due to the respondent; respondent was not entitled to maintenance or damages as she was financially independent and no statutory basis existed for her claims.