Monthly Archives: July 2016

Annulment of Marriage In Malaysia

Mumbai-breakup

Annulment of marriage in Malaysia is governed by  the Law Reform (Marriage and Divorce) Act 1976 (Act 164).

Before proceeding further it is important to note the primary distinction  between void marriage and voidable marriage.

A void marriage means the valid marriage does not exists at all at the time of solemnization of the marriage whereas a voidable marriage exists at the time of solemnization until it is annulled by the Court.

It is pertinent to note that the jurisdiction to grant a decree of nullity regardless whether it is pursuant to void or voidable marriages lies with the High Court. It is also important to note that Malaysian High Court can only grant the decree of nullity when both the parties to the marriage reside in Malaysia at the time of the commence of the proceedings and this is provided for in Section 67(c) of the Law Reform (Marriage and Divorce) Act 1976.

Void Marriage

Moving on will be the when a marriage is considered to be void and this is provided for in Section 69 paragraph (a)-(d) of the Law Reform (Marriage and Divorce) Act 1976 and they are as follows:-

(a) at the time of the marriage either party was already lawfully married and the former or wife of such party was living at the time of the marriage and such former marriage was then in force

[here it means marriage is only between one man and one woman to the exclusion of others and if a person who was already lawfully married marries again, the latter marriage is considered as void marriage].

(b) a male person marries under 18 years of age or a female person who is above 16 years but under 18 years marries without a a special licence granted by the Chief Minister under section 10 of the Law Reform (Marriage and Divorce) Act 1976;

(c) the parties are within the prohibited degrees of relationship unless the Chief Minister grants a special license under subsection (6) of section 11; or

(d) the parties are not respectively male and female.

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Debt collections/debt recoveries for goods or services provided

One of the common cause of litigation is debt collections/debt recoveries for goods and services provided.

This usually arises when one party has provided goods and services to the other party and the later has failed to pay the earlier for the said goods and services provided.

The common question asked by the aggrieved party is what are the documents that they need to furnish it to the lawyers to prove its claim or is the document that they have is good enough.

Facts in issues to need to be proved for debt collections/debt recoveries for goods or services provided

Legally speaking, debt collections/debt recoveries for goods or services provided is still an action based on breach of contract and accordingly the aggrieved party will have to prove the followings to the Court in order to succeed in its claim:-

  1. the existence of a contract;
  2. the terms of the contract;
  3. that the aggrieved party has perform its or his part of the contract;
  4. the other party has failed to perform its or his party of the contact; and
  5. the aggrieved party has suffered loss/damage as a result of the failure of the other party to perform his part of the contract.

pastdue

The documents required for debt collections/debt recoveries for goods and services provided

To prove the above, usually the lawyer will ask for the following documents bearing in mind the list is not exhaustive:

  1. Purchase Order;
  2. Delivery Order;
  3. Invoices issued; and’
  4. Monthly Statement of Account.

If all the above documents are clear and in good order, usually the lawyer will advise to proceed with a summary judgment under Order 14 Rules of Court 2012 as oppose for a full trial in an action for debt collections/debt recoveries for goods and services provided.

 

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