PETALING JAYA: A landmark ruling by Penang’s High Court has established that Malaysian courts possess jurisdiction to register divorces for couples where at least one spouse holds Malaysian citizenship, regardless of where their marriage and divorce proceedings took place abroad.
High Court judge Datuk Azizan Arshad delivered this significant decision while hearing a divorce registration case involving an Indonesian woman married to a Malaysian citizen. The ruling centered on the interpretation of Section 31 of the Law Reform (Marriage and Divorce) Act (LRA) 1976.
According to FMT, the judge emphasised that the legislation grants equal rights to couples married overseas compared to those who conducted their wedding ceremonies within Malaysia’s borders, provided certain conditions are fulfilled.
“The LRA explicitly empowers the court to consider such applications,“ Justice Azizan stated in his recent judgment, adding that since both parties were currently residing in Malaysia, the Act’s provisions applied to their situation.
The case involved a 47-year-old Indonesian national who had wed her Malaysian husband in Pekalongan, Indonesia, on June 30, 2012.
The couple subsequently registered their union in Malaysia on August 15, 2012, in accordance with local legal requirements under the LRA.
However, the marriage faced insurmountable challenges, leading to divorce proceedings conducted in Indonesia where their original ceremony had taken place.
Following the dissolution, the woman returned to Malaysia with her five children, ranging in age from eight to 19-years-old.
She filed an application on April 11 this year seeking to have the Indonesian divorce recognised and registered within Malaysia’s legal system.
Azizan determined that all legislative requirements had been satisfied, confirming the marriage’s validity and approving the divorce registration request.
This ruling provides important legal clarity for Malaysian citizens and their foreign spouses who may find themselves navigating complex cross-border marital dissolution procedures.
It ensures that such individuals can access Malaysian legal recognition of their overseas divorce proceedings, potentially streamlining administrative processes for matters such as child custody, property division, and remarriage eligibility.
The decision reinforces Malaysia’s commitment to supporting its citizens in international marriages while maintaining proper legal oversight through established statutory frameworks.