DIVORCE
47 Principles of law to be applied cite [+]
Subject to the provisions contained in this Part, the court shall in all suits and proceedings hereunder act and give relief on principles which in the opinion of the court are, as nearly as may be, conformable to the principles on which the High Court of Justice in England acts and gives relief in matrimonial proceedings.
48 Extent of power to grant relief cite [+]
(1) Nothing in this Act shall authorize the court to make any decree of divorce except-
(a) where the marriage has been registered or deemed to be registered under this Act; or
(b) where the marriage between the parties was contracted under a law providing that, or in contemplation of which, marriage is monogamous; and
(c) where the domicile of the parties to the marriage at the time when the petition is presented is in Malaysia.
(2) Nothing in this Act shall authorize the court to make any decree of judicial separation except-
(a) where the marriage has been registered or deemed to be registered under this Act; or
(b) where the marriage between the parties was contracted under a law providing that, or in contemplation of which, marriage is monogamous; and
(c) where both the parties to the marriage reside in Malaysia at the time of the commencement of proceedings.
49 Additional jurisdiction in proceedings by a wife cite [+]
(1) Notwithstanding anything to the contrary in paragraph 48(1)(c), 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.
50 Restriction on petitions within two years of marriage cite [+]
(1) Subject to subsection (2), no petition for divorce shall be presented to the court before the expiration of the period of two years from the date of the marriage (hereafter in this section referred to as "the specified period").
(2) A Judge of the court may, on an application made to him, allow the presentation of a petition for divorce within the specified period on the ground that the case is one of exceptional circumstances or hardship suffered by the petitioner; but in determining the application the Judge shall have regard to the interests of any child of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties during the specified period.
(3) Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which occurred before the expiration of the specified period.
51 Dissolution on ground of conversion to Islam cite [+]
(1) Where one party to a marriage has converted to Islam, the other party who has not so converted may petition for divorce:
Provided that no petition under this section shall be presented before the expiration of the period of three months from the date of the conversion.
(2) The Court upon dissolving the marriage may make provision for the wife or husband, and for the support, care and custody of the children of the marriage, if any, and may attach any conditions to the decree of the dissolution as it thinks fit.
(3) Section 50 shall not apply to any petition for divorce under this section.
52 Dissolution by mutual consent cite [+]
If husband and wife mutually agree that their marriage should be dissolved they may after the expiration of two years from the date of their marriage present a joint petition accordingly and the court may, if it thinks fit, make a decree of divorce on being satisfied that both parties freely consent, and that proper provision is made for the wife and for the support, care and custody of the children, if any, of the marriage, and may attach such conditions to the decree of divorce as it thinks fit.
53 Breakdown of marriage to be sole ground for divorce cite [+]
(1) Either party to a marriage may petition for a divorce on the ground that the marriage has irretrievably broken down.
(2) The court hearing such petition shall, so far as it reasonably can, inquire into the facts alleged as causing or leading to the breakdown of the marriage and, if satisfied that the circumstances make it just and reasonable to do so, make a decree for its dissolution.
54 Proof of breakdown cite [+]
(1) In its inquiry into the facts and circumstances alleged as causing or leading to the breakdown of the marriage, the court shall have regard to one or more of the following facts, that is to say:
(a) that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
(b) that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
(c) that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
(d) that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition.
(2) In considering whether it would be just and reasonable to make a decree the court shall consider all the circumstances, including the conduct of the parties and how the interests of any child or children of the marriage or of either party may be affected if the marriage is dissolved and it may make a decree nisi subject to such terms and conditions as the court may think fit to attach, but if it should appear to the court that in all the circumstances it would be wrong to dissolve the marriage it shall dismiss the petition.
55 Provisions designed to encourage reconciliation cite [+]
(1) Provision may be made by rules of court for requiring that before the presentation of a petition for divorce the petitioner shall have recourse to the assistance and advice of such persons or bodies as may be made available for the purpose of effecting a reconciliation between parties to a marriage who have become estranged.
(2) If at any stage of proceedings for divorce it appears to the court that there is a reasonable possibility of a reconciliation between the parties to the marriage, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a reconciliation. The power conferred by the foregoing provision is additional to any other power of the court to adjourn proceedings.
56 Rules to provide for agreements to be referred to court cite [+]
Provisions may be made by rules of court for enabling the parties to a marriage, or either of them, on application made either before or after the presentation of a petition for divorce, to refer to the court any agreement or arrangement made or proposed to be made between them, being an agreement or arrangement which relates to, arises out of, or is connected with, the proceedings for divorce which are contemplated or, as the case may be, have begun, and for enabling the court to express an opinion, should it think it desirable to do so, as to the reasonableness of the agreement or arrangement and to give such directions, if any, in the matter as it thinks fit.
