I request for OIT of 10 Encl 35 (i) – (iv) 11 Court : Court allows para 35(i) – (vi) of Encl 1 12 DN dibenarkan 13 Absolute immediately”. 14 15 [23] As can be seen above a Decree Nisi was granted and the Decree 16 Absolute was pronounced upon the request of counsel for the PW. 17 18 [24] The RH filed a Notice of Appeal to the Court of Appeal two (2) 19 months later on 2.5.2023. 20 21 Decision of the Court 22 [25] In this case the RH was absent when this Court made the Decree 23 Nisi Order Absolute on 4.3.2024 after having given him time and 24 opportunity to appoint legal representation and reply to the Divorce 25 Petition. 26 27 [26] It is note worthy to mention at the outset that all cause papers were 28 served personally on the RH and affidavits of service were affirmed to 29 exhibit the relevant letters for service. 30 [27] From 27.11.2023 until his first appearance before the Court on 1 23.1.2024, the RH did not bother to file any answer to the Divorce Petition. 2 Had he done so as directed by the Court perhaps another hearing date 3 would have been granted in the circumstances. 4 5 [28] The RH did not inform the Court that he was unable to attend Court 6 on 4.3.2024 nor did he write to the Court to seek an adjournment if he truly 7 was unable to attend on the said date. There was a complete silence on 8 the part of the RH to inform the PW, her solicitors or the Court of his 9 reasons for not attending on 4.3.2024. There was an absence of any effort 10 on the RH to apprise the Court of any perceived predicament he would 11 have had for not being in attendance in Court on 4.3.2024. 12 13 [29] On 23.1.2024 the RH had not indicated that 4.3.2024 was unsuitable 14 to him. The RH accepted and acknowledged the Court’s advice and 15 directions on 4.3.2024. I found the RH to be articulate and conversant in 16 the English language as he acknowledged the advice given and was able 17 to explain his position. 18 19 [30] Although the RH is an Indian citizen, it cannot be said that he is not 20 familiar with the Malaysian laws and procedures. Paragraph 1 of the 21 Divorce Petition states that the PW and the RH were legally married at the 22 Selangor State NPP, Petaling Jaya on 18.4.2007 and have resided in 23 Malaysia ever since. Between them they have 3 children aged between 9 24 to 16 years. 25 26 [31] Paragraph 9 of the Divorce Petition avers that the RH is highly 27 qualified in the IT sector and has worked for several companies in 28 Malaysia. He earns an excellent salary and even operates a business 29 selling clothing items as a side line to his main occupation. It therefore 1 cannot be said that he was ignorant of his obligation and responsibility to 2 turn up in Court and to reply to the Divorce Petition. In any event the RH 3 was given advice to seek legal representation. It was always open to him 4 to seek legal representation but clearly, he failed to avail himself of the 5 opportunity to do so. 6 7 [32] Anchored on the chronological events of this case, it has been 8 observed that the RH was aware of the Divorce Petition filed by the PW 9 from 27.11.2023. He had approximately 4 months to take the necessary 10 steps to file his Reply or at the very least contact the solicitors for the PW 11 to inform them of his position. 12 13 [33] As far as this Court is concerned the RH was not unaware of his 14 duty to reply to the Divorce Petition and to attend Court on 4.3.2024 and 15 therefore I took the view his non attendance to be fully of his own volition 16 in that he was no longer interested in defending himself in regard to the 17 claims set out in the Divorce Petition. 18 19 [34] In the case of Chew Vee Lyn v David Mauricio Velez Hernandez 20 [2023] CLJU 2701 the learned Judge clearly explained the risk parties 21 took if they deliberately do not attend the hearing of their case especially 22 after having been duly informed of the date for the hearing. They do so at 23 their own peril : 24 25 “The law is trite that if parties fail to be present during the hearing 26 of the matter, they do so at their own peril. As regards to the non- 27 appearance of one party, it is settled that the court may proceed 28 with the hearing in the absence of that party. In these circumstances, 29 the party present will have to prove his case on any issue on which he 1 bears the burden of proof (see Liow Geok Lan v John Loh [1993] 3 CLJ 2 158). The legal consequences that follow from this situation is that, 3 firstly, the evidence of the party present must be ventilated before a 4 decision is arrived at, and secondly, unless the evidence is inherently 5 implausible, the court will have to accept such evidence presented since 6 no materials to the contrary is present (see Guidarajoo a/l Vegadason v 7 Satgunasingham a/l Balasingam [2010] 6 CLJ 954 see also O. 35 r. 8 RC 2012).”. 9 10 [35] This Court has the power to act in the absence of the RH and record 11 a Decree for the dissolution of the marriage with other appropriate orders. 12 Not only did the RH fail to attend the hearing of the Divorce Petition 13 despite being apprised of the hearing date, the RH had additionally failed 14 to reply to Divorce Petition filed by the PW. To put it mildly the RH had 15 simply neglected to take any part in the proceedings prior to the Decree 16 Nisi order. 17 18 [36] As his non-attendance was unexplained and without prior notice or 19 consent of the Court, I did not think it would constitute a good reason for 20 me to postpone yet again the hearing of Encl 1 as the PW was present 21 and ready with her case. I had examined all the cause papers in particular 22 the Divorce Petition itself and for all intents and purpose I found the cause 23 papers were all in order. 24 25 [37] Taking into consideration the non attendance of the RH at the 26 hearing of the Divorce Petition despite being apprised of the hearing date 27 and in the presence of the PW and upon hearing the submissions of her 28 counsel, the Divorce Petition was granted and the reliefs sought in 29 Paragraph 35(i) to (vi) of the Divorce Petition was allowed. The reliefs 1 prayed for were inter alia as follows : 2 3