Advertisement

What is the information required by Form 6 of the Divorce and Matrimonial Proceedings Rules 1980 (Acknowledgment of Service)?

A divorce petition must be served personally, not by the petitioner, or by sending it by registered post to known addresses of the respondent and co-respondent.

If a copy of divorce petition is to be served through the court, it will be served by registered post by an officer of the court.

An Acknowledgment of Service in Form 6 (Malay: Akuterima Penyampaian Borang 6) is required by Rule 12(5)(a), 13 and 21 of the Divorce and Matrimonial Proceedings Rules 1980.

A divorce petition is deemed duly served if:
  • an Acknowledgement of Service in Form 6 is signed by the party to be served or by a solicitor on his behalf and is returned to the court office; and
  • where the form purports to be signed by a respondent spouse, his signature is proved at the hearing.

Form 6
Acknowledgement of Service
Rule 12(5)(a), 13, and 21 of the Divorce and Matrimonial Proceedings Rules 1980


MALAYSIA IN THE [HIGH COURT IN SABAH AND SARAWAK][OR HIGH COURT IN MALAYA] AT [STATE COUNTY OF COURT]
DIVORCE PETITION NO. .......... of 20..

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.

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.
BETWEEN
[NAME OF PETITIONER]
(NRIC NO.: XXXX-XX-XXXX)
...PETITIONER
AND
[NAME OF RESPONDENT]
(NRIC NO.: XXXX-XX-XXXX)
...RESPONDENT
ACKNOWLEDGEMENT OF SERVICE

If you intend to instruct a solicitor to act for you, give him this form IMMEDIATELY.

  1. Have you received the originating petition [or summons] [and copy of the supporting affidavit] [or the petition for (divorce)] delivered with this form?

    Where words appear between square brackets, delete if inapplicable.

  2. On what date and at what address did you receive it?

  3. Are you the person named as the Respondent in the petition [or as in the petition]?

  4. Do you intend to defend the case?

  5. [In the case of petition alleging two years' separation] Do you consent to a decree being granted?

    Delete Question 5, 6 and 7 if in applicable

  6. [In the case of a petition alleging any such fact as is mentioned in Section 54(1)(d) of the Law Reform (Marriage and Divorce) Act 1976 [Act 164]] Do you intend to oppose the grant of a decree on the ground that the divorce will result in grave financial or other hardship to you and that in all the circumstances it would be wrong to dissolve the marriage?

  7. In the event of a decree nisi being granted on the basis of two years' separation, do you intend to apply to the Court for it to consider your financial position as it will be after the divorce?


 1   2   Next »

Back to the top



Sponsored Links

Share this page

Notes
Knowledge Base ID :   1516
Last Reviewed :   March 14, 2014
Tags :  

Related Knowledge Base Issues