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Section 167

Service of process in maintenance proceedings

of Armed Forces Act 1972

ActIn forceProvision 182 of 237
Section 167
(1)

Any process to be served on an officer or serviceman of the regular forces (hereinafter referred to as “the defendant”) in connection with proceedings for any such order of a civil court in Malaysia as is mentioned in subsection 164(1), or for the variation, revocation or revival of such an order, shall be deemed to be duly served on him if served either on him or his commanding officer and may, without prejudice to any other method of service, be so served by registered post.

(2)

Where any such process as is mentioned in subsection (1) is served in Malaysia and the defendant will be required to appear in person at the hearing, then if his commanding officer certifies to the civil court by which the process was issued that the defendant is under orders for active service or (where the defendant is an officer or rating of the Navy)

is under orders for service on a foreign station (that is to say, service based on a port outside Malaysia) and that in the commanding officer’s opinion it would not be possible for the defendant to attend the hearing and return in time to embark for that service, the service of the process shall be deemed not to have been effected.