NG KOK YUAN v DUONG THI NGOC DIEM

ma-33-15-03-2026 High Court (Mahkamah Tinggi) 30 March 2026 • MA-33-15-03/2026

Catchwords

Family Law — Marriage — Nullity of marriage — Voidable marriage — Non-consummation — Wilful refusal to consummate — Meaning of “wilful refusal” — Whether settled and definite refusal required — Whether non-consummation alone sufficient — Whether causal link must be proved — Burden and standard of proof — Evidence — Affidavit evidence — Absence of primary facts — Lack of corroborative evidence — No evidence of opportunity or attempt — Whether inference of refusal justified — Whether consent or non-objection sufficient — Uncontested petition — Duty of court to be independently satisfied — Distinction between nullity and divorce — Whether petition in substance for dissolution of marriage — Law Reform (Marriage and Divorce) Act 1976, ss 47, 68, 70(b), 71, 73 — Statutory interpretation — Role of English authorities under s 47 — Guidance for future applications — Petition dismissed — No order as to costs.

Practice Areas

Judges (1)

Raja Segaran a/l S.krishnan Delivered

Parties (2)

Duong Thi Ngoc Diem Respondent Ng Kok Yuan Petitioner

Judgment

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Read on eJudgment

Source: eJudgment (ma-33-15-03-2026)