Petition For Nullity Of Marriage 婚姻无效申请

Petition For Nullity of Marriage

Under Section 70 of the Law Reform (Marriage and Divorce) Act 1976 (“Act”) in Malaysia, the nullity of marriage is determined based on specific criteria that can render a marriage void from the outset. A declaration of nullity means the marriage is considered never to have legally existed.

In a recent High Court case, a petition filed jointly by both spouses seeking annulment of their marriage was dismissed. The spouses had agreed to annul the marriage and had decided not to consummate it. However, the High Court ruled against them, stating that Section 70(a) of the Act requires proof that one party was incapable of consummating the marriage. In this case, there was no evidence to show that either party was incapable of consummation as required by the Act.Furthermore, the Petitioners' reliance on Section 70(b) was also rejected. This section specifies that refusal to consummate the marriage must be on the part of the respondent, not the petitioner. Since the petition was filed by both spouses and both admitted to refusing to consummate the marriage, there was no respondent in this case. Thus, allowing a petition for nullity based on a petitioner’s own refusal to consummate would be contrary to Section 70 of the Act.

The High Court also noted that the spouses should not expect the court to facilitate a swift divorce in this manner. The Court emphasized that all actions must be conducted properly and in strict accordance with the relevant legal provisions.

This article is intended for informational purposes only and should not be regarded as legal advice.

婚姻无效申请

根据马来西亚《1976年婚姻与离婚法令》第70条（“法令”），婚姻的无效是基于特定标准决定的，这些标准可以使婚姻自始至终被视为无效。宣布婚姻无效意味着该婚姻被视为从未合法存在过。

在最近的一宗高等法院案件中，两位配偶联合提交的婚姻无效申请被驳回。虽然配偶们已同意撤销婚姻并决定不进行婚姻的完成（consummation），但高等法院判定，依据法令第70(a)条的规定，需要证明一方无能力完成婚姻。在本案中，未能提供任何证据表明任何一方无能力完成婚姻，这与法令的要求不符。

此外，申请人对法令第70(b)条的依赖也被拒绝。该条规定，拒绝完成婚姻必须由被告方提出，而不是申请方。由于该申请是由两位配偶共同提交的，并且两人都承认拒绝完成婚姻，因此在本案中不存在被告。因此，允许申请人基于自己拒绝完成婚姻的理由申请婚姻无效，与法令第70条的规定相悖。

高等法院还指出，配偶们不应期望法院以这种方式快速办理离婚。法院强调，所有行为必须按照相关法律规定严格进行。

这篇文章仅供参考，不应视为法律建议。