Law Reform (Marriage and Divorce) Act 1976 [Act 164]

97 Power for court to vary agreement for custody or maintenance   cite [+]

The court may at any time and from time to time vary the terms of any agreement relating to the custody or maintenance of a child, whether made before or after the appointed date, notwithstanding any provision to the contrary in any such agreement, where it is satisfied that it is reasonable and for the welfare of the child so to do.

98 Recovery of arrears of maintenance   cite [+]

Section 86 shall apply, mutatis mutandis, to orders for the payment of maintenance for the benefit of any child.

99 Duty to maintain child accepted as member of family   cite [+]

(1) Where a man has accepted a child who is not his child as a member of his family, it shall be his duty to maintain such child while he or she remains a child, so far as the father and the mother of the child fail to do so, and the court may make such orders as may be necessary to ensure the welfare of the child:

Provided that the duty imposed by this subsection shall cease if the child is taken away by his or her father or mother.

(2) Any sums expended by a man maintaining such child shall be recoverable as a debt from the father or mother of the child.

100 Court to have regard to advice of welfare officers, etc.   cite [+]

When considering any question relating to the custody or maintenance of any child, the court shall, whenever it is practicable, take the advice of some person, whether or not a public officer, who is trained or experienced in child welfare but shall not be bound to follow such advice.

101 Power for court to restrain taking of child out of Malaysia   cite [+]

(1) The court may on the application of the father or mother of a child-

(a) where any matrimonial proceeding is pending; or

(b) where, under any agreement or order of court, one parent has custody of the child to the exclusion of the other,

issue an injunction restraining the other parent from taking the child out of Malaysia or may give leave for such child to be taken out of Malaysia either unconditionally or subject to such conditions or such undertaking as the court may think fit.

(2) The court may, on the application of any interested person, issue an injunction restraining any person, other than a person having custody of a child, from taking the child out of Malaysia.

(3) Failure to comply with an order made under this section shall be punishable as a contempt of court.

Other reliefs

102 Power for court to set aside and prevent dispositions intended to defeat claims to maintenance   cite [+]

(1) Where-

(a) any matrimonial proceeding is pending;

(b) an order has been made under section 76 and has not been complied with;

(c) an order for maintenance has been made under section 77 or 93 and has not been rescinded; or

(d) maintenance is payable under any agreement to or for the benefit of a spouse or former spouse or child,

the court shall have power on application-

(i) if it is satisfied that any disposition of property has been made by the spouse or former spouse or parent of the person by or on whose behalf the application is made, within the preceding three years, with the object on the part of the person making the disposition of reducing his or her means to pay maintenance or of depriving his or her spouse of any rights in relation to that property, to set aside the disposition; and

(ii) if it is satisfied that any disposition of property is intended to be made with any such object, to grant an injunction preventing that disposition.

(2) For the purposes of this section-

"disposition" includes a sale, gift, lease, mortgage or any other transaction whereby ownership or possession of the property is transferred or encumbered but does not include a disposition made for money or money's worth to or in favour of a person acting in good faith and in ignorance of the object with which the disposition is made;

"property" means property of any nature, movable or immovable, and includes money.

103 Injunction against molestation   cite [+]

The court shall have power during the pendency of any matrimonial proceedings or on or after the grant of a decree or divorce, judicial separation or annulment, to order any person to refrain from forcing his or her society on his or her spouse or former spouse and from other acts of molestation.

Important Notice: Legislation from this website is not a copy of the Gazette printed by the Government Printer, Percetakan Nasional Malaysia Berhad, for the purposes of section 61 of the Interpretation Acts 1948 and 1967 [Act 388] and does not constitute prima facie evidence of the contents of the Gazette by virtue of the section.