Can I get a divorce if my husband is living in another country or is out of Malaysia?
Yes. Section 49 of the Law Reform (Marriage and Divorce) Act 1976 [Act 164] provides additional jurisdiction in proceedings by a wife.
You may petition for divorce in Malaysia even though your husband is not domiciled or resident in Malaysia if:
- you have been deserted by your husband and your husband was before the desertion domiciled in Malaysia;
- your husband has been deported from Malaysia and your husband was before the deportation domiciled in Malaysia; or
- you are a resident in Malaysia and have been ordinarily a resident in Malaysia for two (2) years immediately before commencing the divorce proceedings.
||Section 48(1)(c) of the Law Reform (Marriage and Divorce) Act 1976 [Act 164]
48. Extend of power to grant relief.
(1) Nothing in this Act shall authorise the court to make any decree of divorce except:
(c) where the domicile of the parties to the marriage at the time when the petition is presented is in Malaysia.
Section 49 of the Law Reform (Marriage and Divorce) Act 1976 [Act 164]
49. Additional jurisdiction in proceedings by a wife.
(1) Notwithstanding anything to the contrary in paragraph 48(1)9c), the court shall have jurisdiction to entertain proceedings by a wife under this Part, although the husband is not domiciled or resident in Malaysia if
(a) the wife has been deserted by the husband, or the husband has been deported from Malaysia under any law for the time being in force relating to the deportation of persons, and the husband was before the desertion or deportation domiciled in Malaysia; or
(b) the wife is resident in Malaysia and has been ordinarily resident in Malaysia for a period of two years immediately preceding the commencement of the proceedings.
(2) In any proceedings in which the High Court has jurisdiction by virtue of this section, the issues shall be determined in accordance with the law which would be applicable thereto if the parties were domiciled or resident in Malaysia.
(3) In this section references to deportation from Malaysia shall be construed as including banishment or expulsion under any written law.
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