CASE MANAGEMENT FOR FAMILY MATTERS IN THE HIGH COURT

1. CASE MANAGEMENT FOR FAMILY MATTERS IN THE HIGH COURT PREPARED BY SITI HANUM BT MOHMAD SAH AINUL AMIRAH BT ABDUL RAZAK SENIOR ASSISTANT REGISTRAR SHAH ALAM HIGH COURT (CIVIL - FLJC)

2. CONTENT • 1) INTRODUCTION TO FAMILY COURT • 2) THE RELATED STATUTES AND RULES • 3) REGISTRATION OF CASES • 4) PROCEDURES • 5) DECREE NISI & PROCEEDINGS THEREAFTER • 6) EXECUTION & ENFORCEMENT OF ORDERS

3. INTRODUCTION TO FAMILY COURT • CASES HEARD AND GOVERNED UNDER THE FAMILY COURT; • DIVORCE/DISSOLUTION OF MARRIAGE • JUDICIAL SEPARATION • NULLITY OF MARRIAGE • CHILD CUSTODY • MAINTAINENCE (FOR WIFE AND CHILDREN) • DISTRIBUTION OF MATRIMONIAL PROPERTY • FAMILY MATTERS FILED UNDER ORIGINATING SUMMONS (CODE 24) * FOR NON-MUSLIM ONLY

4. STATUTES & RULES 1 – LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976 • 2 – DIVORCE AND MATRIMONIAL PROCEEDINGS RULES 1980 • 3 – HIGH COURT RULES 2012 • 4 – LEGITIMACY ACT 1961 • 5 – COURT OF JUDICATURE ACT 1964

5. REGISTRATION OF CASE ACCORDING TO CODES A) CODE 33 – SINGLE PETITION UNDER SECTION 53, CONVERSION TO ISLAM UNDER SECTION 51, JUDICIAL SEPARATION UNDER SECTION 64, NULLITY OF MARRIAGE UNDER SECTION 68 AND 70 AND DECLARATION UNDER SECTION 107. • B) CODE 33JP – JOINT PETITION UNDER SECTION 52 • C) CODE 24 – INVOLVES ANY CASE THAT FALLS UNDER SECTION 24 (a) AND (d) OF THE COURT JUDICATURE ACT 1964, FOR FAMILY CASES FILED UNDER ORIGINATING SUMMONS. • D) CODE 34 – LEGITIMACY OF A CHILD UNDER THE LEGITIMACY ACT 1961

6. PROCEDURES • A) SINGLE PETITION UNDER CODE 33 (UNCONTESTED) • B) SINGLE PETITION UNDER CODE 33 (CONTESTED) • C)SINGLE PETITION UNDER CODE 33 – PETITION NOT SERVED • D) JOINT PETITION UNDER CODE 33JP • E) APPLICATION MADE VIA NOTICE OF APPLICATION

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19. Types of Application made via Notice of Application

21. Other application that related to Family/Divorce matter. Application for Family matters that can be file under Originating summons (code 24)

22. DECREE NISI AND PROCEEDINGS THEREAFTER • Section 61 of Law Reform Marriage and Divorce Act 1976 • -General rule is that, every decree shall not be made absolute before the expiration of three (3) months from its grant. • -However, the court may, upon the request of the parties and discretion of it, fixes a shorter period for example 1 month/2 months and also on the immediate effect for the decree to be made absolute. • -Rationale for 3 months period :- a period for reconciliation for the parties (if possible) • -If, after the expiration of 3 months no application for the decree to be made absolute by the party to whom it was granted, then the party against whom it was granted may make an application to rescind the decree nisi or make the decree absolute.

23. EXECUTION & ENFORCEMENT OF ORDERS • A) COMMITAL PROCEEDINGS – RULE 74 DMPR 1980 / ORDER 52 HIGH COURT RULES 2012 - PARTY INITIATING THE COMMITAL PROCEEDING MUST FIRST OBTAINED LEAVE FROM THE COURT WITH THE FILING OF NOTICE OF MOTION FOR COMMITAL. - ONCE THE COURT LEAVE IS OBTAINED, THEN THE APPLICANT CAN PROCEED WITH THE COMMITAL PROCEEDINGS. - DOCUMENTS INVOLVED ; • NOTIS USUSL • AFIDAVIT SOKONGAN • PENYATAAN MENURUT ATURAN 52 HIGH COURT RULES 2012 - SERVICE OF NOTICE OF COMMITAL PROCEEDINGS SHALL BE SERVE PRSONALLY TO THE RESPONDENT.

24. EXECUTION & ENFORCEMENT OF ORDERS B) JUDGMENT DEBTOR SUMMONS – RULE 73 DMPR 1980 AND ORDER 48 OF THE RULES OF COURT 2012 - AN APPLICATION FILED UNDER FORM 17 AND SHALL BE SERVED PERSONALLY TO THE DEBTOR/RESPONDENT. • -ORDER 48 IN FORM 95 (HCR 2012) • -COURT MAY ORDER THE JUDGMENT DEBTOR TO ATTEND BEFORE REGISTRAR AND BE ORALLY EXAMINED ON MEANS OF SATISFYING THE JUDGEMENT OR ORDER • -JDS IS ANOTHER OPTION TO GO IN THE EVENT THE PERSON AGAINST WHOM THE ORDER WAS MADE FAILS TO ABIDE BY THE ORDER WHICH HAS BEEN GRANTED PREVIOUSLY BY THE COURT • -REGISTRAR SHALL TAKE DOWN STATEMENT MADE BY THE JUDGMENT DEBTOR AND ASK HIM TO SIGN AFTER READING IT TO HIM

25. THANK YOU • THE END. OPEN FOR Q&A.