Malaysia legislation
Section 106
Section 106
(i)
where the petitioner alleges that he or she has been deserted by and does not know the whereabouts of his or her spouse;
(ii)
where the respondent is residing abroad and it is unlikely that he or she will enter the jurisdiction within six months next ensuing after the date of the petition;
(iii)
where the respondent has been required to appear before a conciliatory body and has wilfully failed to attend;
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(iv)
where the respondent is imprisoned for a term of five years or more;
(v)
where the petitioner alleges that the respondent is suffering from incurable mental illness; or
(vi)
where the court is satisfied that there are exceptional circumstances which make reference to a conciliatory body impracticable.
(2)
A matrimonial difficulty may be referred to any conciliatory body acceptable to both parties but, where they are unable to agree on a conciliatory body, shall be referred to the marriage tribunal for the area in which they reside or, where they are living in different areas, to the marriage tribunal for the area in which they had last resided together.
(3)
A “conciliatory body” means—
(a)
a council set up for the purposes of reconciliation by the appropriate authority of any religion, community, clan or association;
(b)
a marriage tribunal; or
(c)
any other body approved as such by the Minister by notice in the Gazette.
(4)
A marriage tribunal shall be set up for such specified area or district as the Minister may decide, consisting of a Chairman and not less than two nor more than four other members who shall be nominated by the Minister, or by such officer to whom the Minister may have delegated his powers to in that behalf.
(5)
A conciliatory body to which a matrimonial difficulty has been referred shall resolve it within the period of six months from the date of reference; and shall require the attendance of the parties and shall give each of them an opportunity of being heard and may hear such other persons and make such inquiries as it may think fit and may, if it considers it necessary, adjourn its proceedings from time to time.
Law Reform (Marriage and Divorce)
(b)
If the conciliatory body is unable to resolve the matrimonial difficulty to the satisfaction of the parties and to persuade them to resume married life together, it shall issue a certificate to that effect and may append to its certificate such recommendations as it thinks fit regarding maintenance, division of matrimonial property and the custody of the minor children, if any, of the marriage.
(c)
No advocate or solicitor shall appear or act as such for any party in any proceeding before a conciliatory body and no party shall be represented by any person, other than a member of his or her family, without the leave of the conciliatory body.
Maintenance of register of divorces and annulments