Law Reform (Marriage and Divorce) Act 1976 · Updated to 15 Dec 2018 · Part VI · Divorce
49. Additional jurisdiction in proceedings by a wife
Feedback & supportNotwithstanding anything to the contrary in paragraph 48(1)(c), the court shall have jurisdiction to entertain proceedings by a wife under this Part, although the husband is not domiciled or resident in Malaysia if—
court
“court” means the High Court or a Judge thereof or, where a Sessions Court Judge has jurisdiction by virtue of subsection (2), the Sessions Court or a Sessions Court Judge of that Court;
the wife has been deserted by the husband, or the husband has been deported from Malaysia under any law for the time being in force relating to the deportation of persons, and the
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husband was before the desertion or deportation domiciled in Malaysia; or
the wife is resident in Malaysia and has been ordinarily resident in Malaysia for a period of two years immediately preceding the commencement of the proceedings.
In any proceedings in which the High Court has jurisdiction by virtue of this section, the issues shall be determined in accordance with the law which would be applicable thereto if the parties were domiciled or resident in Malaysia.
In this section references to deportation from Malaysia shall be construed as including banishment or expulsion under any written law.