CHONG HUI SHAN v MUHAMMAD ADAM SAM BIN ABDULLAH
Catchwords
Keywords Chong Hui Shan v. Muhammad Adam Sam Bin Abdullah [K.8] bth 1.7.2026 Law Reform (Marriage and Divorce) Act 1976 – Section 51 – Divorce following conversion to Islam – Civil marriage – Petition by non-converting spouse – Whether conversion itself sufficient ground for divorce. Law Reform (Marriage and Divorce) Act 1976 – Section 3(3) – Exclusive jurisdiction of civil court – Civil marriage – Conversion of one spouse to Islam – Whether civil court retains jurisdiction over dissolution and ancillary relief. Law Reform (Marriage and Divorce) Act 1976 – Section 48 – Jurisdiction – Domicile – Registered civil marriage – Conditions precedent to decree of divorce. Law Reform (Marriage and Divorce) Act 1976 – Section 51 – Effect of 2017 amendments (Act A1546) – Removal of three-month waiting period – Standing of either spouse to petition – Conciliatory body – Whether exemption required. Law Reform (Marriage and Divorce) Act 1976 – Sections 88, 92, 93 and 95 – Custody – Welfare principle – Access – Maintenance of children – Duration of maintenance beyond age of majority where child pursues higher education. Law Reform (Marriage and Divorce) Act 1976 – Section 61 – Decree nisi – Whether applicable to petition under section 51. Custody of Children – Welfare of child paramount – Wishes of child – Reasonable access – Whether court may delegate access decision to children – Liberty to apply. Maintenance – Children – Statutory duty of parent – Effect of conversion to Islam – No maintenance order sought – Whether underlying statutory obligation preserved. Civil Procedure – Undefended divorce petition – Standard of proof – Court’s duty to satisfy itself notwithstanding absence of defence. Conversion to Islam – Effect on civil marriage – No automatic dissolution – Jurisdiction of civil courts – Ancillary relief. Marriage and Divorce – Civil marriage – Dissolution – Ancillary relief – Custody – Access – Maintenance – Matrimonial property – Spousal maintenance. Statutory Interpretation – Law Reform (Marriage and Divorce) (Amendment) Act 2017 (Act A1546) – Construction of amended sections 3(3), 51 and 95.
Judges (1)
Judgment
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