A general divorce petition (Borang Petisyen Am) shall be made by filing Form 2 required by Rule 8, 19(1), (2) and (3), 80 and 81 of the Divorce and Matrimonial Proceedings Rules 1980.
The divorce petition must contain the information required by Form 2 of the Divorce and Matrimonial Proceedings Rules 1980 (General Form of Petition) (Malay:
Borang 2 Kaedah-Kaedah Prosiding Perceraian dan Hal-Ehwal Suami-Isteri 1980 (Borang Petisyen Am)) as near as may be in the order as set out and any further information required as may be applicable.
Form 2
General Form of Petition
MALAYSIA
IN THE [HIGH COURT IN SABAH AND SARAWAK][OR HIGH COURT IN MALAYA] AT [STATE COUNTY OF COURT]
DIVORCE PETITION NO. .......... of 20..
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For High Court in Kuala Lumpur, you need to state the division of the court. Insert (FAMILY COURT, CIVIL DIVISION) one line below the county of court. |
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Leave the Divorce Petition Number blank. When you file your divorce petition, you will be assigned a case number, which must be marked on all subsequently filed documents. |
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BETWEEN
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[NAME OF PETITIONER]
(NRIC NO.: XXXX-XX-XXXX)
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...PETITIONER
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[NAME OF RESPONDENT]
(NRIC NO.: XXXX-XX-XXXX)
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...RESPONDENT
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DIVORCE PETITION |
THE PETITION OF [PETITIONER'S NAME] (NRIC NO. XXXX-XX-XXXX) of [state petitioner's place of residence] shows that -
- On the ..... day of ........ 20... the petitioner [petitioner's name] (NRIC No.: xxxx-xx-xxxx) was lawfully married to [respondent's name] (NRIC No.: xxxx-xx-xxxx) (hereinafter called the respondent) [state address whereby the marriage was registered].
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The name of petitioner and respondent and the place the marriage was registered must be exactly as it appears on your marriage certificate. |
This is evident by an extract of the Marriage Certificate numbered [certificate number], exhibited hereto and marked [e.g. 'A'].
- The petitioner and the respondent have cohabited as husband and wife at [state the last address at which they have cohabited in Malaysia] [or the applicant and the respondent have not cohabited in Malaysia].
- The petitioner is domiciled in Malaysia [or The petitioner is domiciled in ................. and the respondent is domiciled in Malaysia] [or, where it is alleged that the court has jurisdiction based on wife's ordinary residence] The petitioner has [or The respondent has] [or The petitioner and the respondent have] been ordinarily resident in Malaysia throughout the period of two years ending with the date of the presentation of the petition [or as the case may be] [give details of the residence relied on including the addresses of places of residence during the two year period and the length of residence at each place] [or where it is alleged that the Court has jurisdiction based on the respondent's desertion] The petitioner has been deserted by the respondent from the ...... day of ............. 20... [or where it is alleged has the Court by jurisdiction based on the fact of the respondent's deportation from Malaysia] The respondent has been deported from Malaysia under [here state the law under which the order of deportation was made] and he was before the desertion or the deportation domiciled in Malaysia. The petitioner is a [state occupation] [and resides at ...............................].
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Paragraphs 2 and 3 contain the particulars of the facts giving the court jurisdiction to deal with the divorce. Jurisdiction depends on your and/or your spouse having a specific connection to Malaysia.
If none of the connections described in these paragraphs matches your situation, the court does not have the jurisdiction to deal with your application.
You should consider getting legal advice particularly in international cases. |
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