What is the information required by Form 2 of the Divorce and Matrimonial Proceedings Rules 1980 (General Form of Petition) (Part II)?
General Form of Petition
- There is [are] [no (or state number) child[ren] of the family now living] namely [state the full names (including surname) of each child, their gender and their date of birth or, if it be the case, that they are over 18 and in the case of each minor child over the age of 16, whether they are receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation].
||This paragraph asks for details of children of family. 'Children of family' includes:
- Children born to or adopted by both parties to the marriage;
- Children of one party to the marriage, including adopted and illegitimate children, accepted as one of the family by the other party.
[If applicable] Certified copy[ies] of the birth certificate[s] is [are] exhibited hereto and marked [e.g. 'B' and 'C'].
- [In the case of a husband's petition] No other child now living has been born to the respondent during the marriage so far as is known to the petitioner [or in the case of a wife's petition] No other child now living has been born to the petitioner during the marriage [except (state the name of any such child and his date of birth, or if it be the case, that he is over 18)].
- [Where there is a dispute whether a child is a child of the family] The petitioner alleges that the child is [not] a child of the family because [give full particulars of the facts relied on by the petitioner in support of his or her allegation that the child is or, as the case may be, is not, a child of the family].
||You should consider getting legal advice particularly if you deny that the child is a child of the family.
Do not include the child's name in Paragraph 4 but put it in Paragraph 5 instead.
- There have been no previous proceedings in any court in Malaysia or elsewhere with reference to the marriage [or to any children of the family] [or between the petitioner and the respondent with reference to any property of either or both of them] [except (state the nature of the proceedings, the date and effect of any decree or order and, in the case of proceedings with reference to the marriage, whether there has been any resumption of cohabitation since the making of the decree or order)].
- There are no proceedings continuing in any country outside Malaysia which are in respect of the marriage or are capable of affecting its validity or subsistence [except (give particulars of the proceedings, including the court in or tribunal or authority before which they were begun, the date when they were begun, the names of the parties, the date or expected date of any trial in the proceedings and such other facts as may be relevant to the question whether the proceedings on the petition should be stayed.)]
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