1) INTRODUCTION TO FAMILY COURT 2) THE RELATED STATUTES AND RULES 3) REGISTRATION OF CASES 4) PROCEDURES 5) DECREE NISI & PROCEEDINGS THEREAFTER 6) EXECUTION & ENFORCEMENT OF ORDERS

1. CASE MANAGEMENT FOR
FAMILY MATTERS IN THE
HIGH COURT

2. CONTENT
 1) INTRODUCTION TO FAMILY COURT
 2) THE RELATED STATUTES AND RULES
 3) REGISTRATION OF CASES
 4) PROCEDURES
 5) DECREE NISI & PROCEEDINGS THEREAFTER
 6) EXECUTION & ENFORCEMENT OF ORDERS

3. INTRODUCTION TO FAMILY COURT
 CASES HEARD AND GOVERNED UNDER THE FAMILY COURT;
 DIVORCE/DISSOLUTION OF MARRIAGE
 JUDICIAL SEPARATION
 NULLITY OF MARRIAGE
 CHILD CUSTODY
 MAINTAINENCE (FOR WIFE AND CHILDREN)
 DISTRIBUTION OF MATRIMONIAL PROPERTY
 FAMILY MATTERS FILED UNDER ORIGINATING SUMMONS (CODE 24)
* FOR NON-MUSLIM ONLY

4. STATUTES & RULES
1 – LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976
 2 – DIVORCE AND MATRIMONIAL PROCEEDINGS RULES 1980
 3 – HIGH COURT RULES 2012
 4 – LEGITIMACY ACT 1961
 5 – COURT OF JUDICATURE ACT 1964

5. REGISTRATION OF CASE ACCORDING
TO CODES
A) CODE 33 – SINGLE PETITION UNDER SECTION 53, CONVERSION TO ISLAM UNDER
SECTION 51, JUDICIAL SEPARATION UNDER SECTION 64, NULLITY OF MARRIAGE
UNDER SECTION 68 AND 70 AND DECLARATION UNDER SECTION 107.
 B) CODE 33JP – JOINT PETITION UNDER SECTION 52
 C) CODE 24 – INVOLVES ANY CASE THAT FALLS UNDER SECTION 24 (a) AND (d)
OF THE COURT JUDICATURE ACT 1964, FOR FAMILY CASES FILED UNDER
ORIGINATING SUMMONS.
 D) CODE 34 – LEGITIMACY OF A CHILD UNDER THE LEGITIMACY ACT 1961

6. PROCEDURES
 A) SINGLE PETITION UNDER CODE 33 (UNCONTESTED)
 B) SINGLE PETITION UNDER CODE 33 (CONTESTED)
 C) SINGLE PETITION UNDER CODE 33 – PETITION NOT SERVED
 D) JOINT PETITION UNDER CODE 33JP
 E) APPLICATION MADE VIA NOTICE OF APPLICATION

7. WORK FLOW
(DIVORCE CASES – SINGLE PETITION CODE 33)
PETITION SERVED (UNCONTESTED)
(1 MONTH)
(2-3 WEEKS)
REGISTRATION
FIRST CASE MANAGEMENT
PAPERS IN ORDER
ORDER IN TERMS
PAPERS NOT IN ORDER
FIX ANOTHER 1-2 WEEKS HEARING DATE
HEARING DATE

8. REGISTRATION Automatic level 1 e-filing will fix 1st CM in one month time.
FIRST CASE MANAGEMENT Court ensures service of the petition is perfected under (Rule 12 (1) – (8) of Divorce &
Matrimonial Rules 1980)
Petition is not contested where :
a) Respondent comes to court, receives the petition and does not object to the terms.
b) Respondent does not come to court even after being informed about the case
management date.
Court ensures affidavit of service has been filed.
If papers are in order, Court straight away fixes hearing date. Petitioner to file Notis Bicara %
Arahan Perbicaraan.
SECOND CASE MANAGEMENT
(if paper is not in order)
In the event where affidavit of service has not been filed or petition is not successfully served,
Court fixes short date (1-2 weeks) pending hearing
HEARING DATE Papers in order, court to grant OIT.
Documents involved;
a) Petisyen Perceraian
b) Afidavit menyokong petisyen
c) Notis Perlantikan Peguamcara
d) Notis Prosiding
e) Pernyataan anak-anak (jika ada)
f) Afidavit Penyampaian
g) Notis Bicara
h) Arahan Perbicaraan
DETAILED EXPLANATION

9. WORK FLOW
(DIVORCE CASES – SINGLE PETITION CODE 33)
PETITION SERVED (CONTESTED)
(1 MONTH)
(2 – 3 WEEKS)
(1 MONTH)
(2 WEEKS)
(2 WEEKS)
REGISTRATION
FIRST CASE MANAGEMENT
SECOND CASE MANAGEMENT
THIRD CASE MANAGEMENT/FINAL CASE
MANAGEMENT
F
FINAL CASE MANAGEMENT
TRIAL
DECISION
FILE CLOSED

10. DETAILED EXPLANATION
REGISTRATION Automatic level 1 e-filing will fix 1st CM in one month time.
FIRST CASE MANAGEMENT Court ensures service of the petition is perfected under (Rule 12 (1) – (8) of Divorce &
Matrimonial Rules 1980)
Service perfected, Respondent will have to file notice of intention to defend – an
acknowledgment of service (Form 6) within 8 days after service of petition. (Rule 13 of
Divorce & Matrimonial Rules 1980)
Respondent/ Co-Respondent will have 21 days after the expiry of the 8 days period to file an
answer to the petition (Rule 16(1) of Divorce & Matrimonial Rules 1980)
Filing of an answer and reply to the answer each will be given 14 days to file (Rule 17 of
Divorce & Matrimonial Rules 1980)
SECOND CASE MANAGEMENT Court directs parties to close pleadings within 1 month.
In the event where the respondent has subsequent reply to the petitioners’ reply, he shall
apply leave from the court.
(Rule 17 of Divorce & Matrimonial Rules 1980)
If the respondent has no subsequent reply, Court fixes a date for mediation and final case
management before the Court.
(O34 Rule 2 (2)(a) of The Rules of Court 2012)

11. THIRD CASE MANAGEMENT/FINAL CASE MANAGEMENT If mediation succeed, Court fixes a date before Judge for parties to record consent judgment.
If mediation fails, Court directs parties to prepare 2 sets of BOP, CBOD and 1 set of SOAF,
SOITBT, PCS, DCS, W/List, W/Statements AND court will fix a trial date.
(O34 Rule 2(2) of The Rules of Court 2012)
Court directs the parties to hand over hard copy of bundles to the court 2 weeks before trial
or sooner.
TRIAL DATE Officers to make sure all documents for trial are complete and ready in court and also to
make sure all witnesses to take stand are present in court.
Proceed with trial.
Documents involved;
a) Bundle of Pleadings
b) Common Bundle of Document
c) Statement of Agreed Facts
d) Issues to be Tried
e) Summary of Case
f) List of Witness
g) Witness Statement
DECISION After petitioner and respondent are done with calling their witnesses and them giving
statement and evidence and parties have submit their case, case is closed for trial.
It depends on Yang Arif whether to give decision straight away or to fix another date for
decision.

12. WORK FLOW
(DIVORCE CASES – SINGLE PETITION CODE 33)
PETITION NOT SERVED
(1 MONTH)
(2 – 3 WEEKS)
(1 MONTH)
(2 WEEKS)
REGISTRATION
FIRST CASE MANAGEMENT
SECOND CASE MANAGEMENT/SUBSTITUTED
SERVICE HEARING
THIRD CASE MANAGEMENT
HEARING
PAPERS IN ORDER
ORDER IN TERMS
PAPERS NO IN ORDER
FIX ANOTHER 1-2 WEEKS HEARING DATE
FILE CLOSED

13. REGISTRATION Automatic level 1 e-filing will fix 1st CM in one month time.
FIRST CASE MANAGEMENT Court directs service of petition or application for substituted service (SS) to be made within 2 weeks. 2 – 3
weeks CM date will be given.
(*Rule 12 (9) Divorce & Matrimonial Proceedings Rules 1980 )
SECOND CASE MANAGEMENT/SS HEARING If SS application is filed, Court to grant OIT (papers in order).
Documents involved;
1) Notice of application
2) Affidavit of support
3) Affidavit of non-service
Petition will be struck off in the event of default of service/no SS application filed.
(*Order 34 Rule 3 High Court Rules 2012)
Service of SS application to be made within 1 month.
1 month CM date is given
THIRD CASE MANAGEMENT If the petition is served, to fix hearing date within 2 or 3 weeks. If the petition is not served, to strike off the
petition.
Court directs petitioner’s to file Notis Bicara & Arahan Perbicaraan.
DETAILED EXPLANATION

14. HEARING DATE Papers in order, court to grant OIT.
Documents involved;
a) Petisyen Perceraian
b) Afidavit menyokong petisyen
c) Notis Perlantikkan Peguamcara
d) Akuan Terima Penyampaian
e) Notis Prosiding
f) Pernyata anak-anak (jika ada)
g) Perintah Penyampaian Ganti/Pengecualian serahan (jika ada)
h) Afidavit Penyampaian
i) Notis Bicara
j) Arahan Perbicaraan
If papers not in order, new hearing date will be fix (within 1-2 weeks date)

15. WORK FLOW CHART
(DIVORE CASES – JOINT PETITION CODE 33JP)
REGISTRATION
HEARING DATE
PAPERS IN ORDER PAPERS NOT IN ORDER
FILE CLOSED
ORDER IN TERMS FIX ANOTHER HEARING DATE

16. REGISTRATION Automatic level one e-filing will fix 2 weeks hearing date before Judge
HEARING DATE  Order is given if papers in order.
 Documents involved;
- Petisyen Bersama
- Afidavit Isteri
- Afidavit Suami
- Pernyata Anak-anak
- Afidavit Pengecualian Kehadiran (If either parties can’t be present during hearing)
If papers not in order, Court will fix another hearing date (within 1 – 2 weeks date)
AFTER HEARING To update minutes (by interpreters)
File closed.
DETAILED EXPLANATION

17. WORK FLOW
DIVORCE CASES
NOTICE OF APPLICATION
SERVED NOT SERVED
EX PARTE INTER PARTE
REGISTRATION
(LEVEL 1 E-FILING)
1ST CM IN 2 WEEKS
1st CM
 TO MAKE SURE PAPERS
IN ORDER
 TO FIX HEARING DATE IN
2 WEEKS
HEARING
COURT TO GRANT OIT IF PAPERS
IN ORDER
FILE CLOSED
REGISTRATION
(LEVEL 1 E-FILING)
1ST CM IN 1 MONTH
1ST CM
1) COURT TO DIRECT PARTIES TO EXHAUST ALL
AFFIDAVITS IN ONE MONTH
-RESPONDENT’S TO REPLY WITHIN 14 DAYS
-APPLICANT TO REPLY WITHIN 14 DAYS
THEREAFTER
2) COURT TO FIX NEXT CM IN ONE MONTH
1ST CM
1) COURT TO DIRECT PARTIES TO FILE IN
SUBSTITUTED SERVICE APPLICATION
2) COURT TO FIX 2 WEEKS FOR HEARING
DATE
2ND CM
1) IF ALL AFFIDAVITS ARE EXHASUTED, COURT
TO FIX HEARING DATE IN 2 WEEKS
2) PARTIES TO FILE IN WRITTEN SUBMISSION 1
WEEKS BEFORE HEARING DATE
2ND CM/HEARING
 OIT IF THE SS APPLICATION FILED AND
DIRECT SERVICE BY SS
 STRIKE OUT IF NOT SERVED AND NO SS
FILED
 FIX NEXT CM IN 1 MONTH
3RD CM
 IF SERVICE IS COMLETED, COURT TO FIX
A HEARING DATE WITHIN 2 WEEKS
 IF SERVICE IS NOT COMPLETED,
ANOTHER ONE WEEK CM DATE

18. HEARING
COURT TO GRANT OIT IF PAPERS IN ORDER
APPLICATION DISPOSED
HEARING
COURT TO GRANT OIT IF PAPERS IN ORDER
APPLICATION DISPOSED

19. 1 Substitutes Service (Ex-parte)
(Rules 12 (9) DMPR 1980)
Documents involved;
a) Notice of application
b) Affidavit in support
c) Affidavit of non-service
2 Dispensation of Service (Ex-parte)
(Rule 12 (10) DMPR 1980)
In situation where the Respondent is a foreigner and has gone back to their own
country and cannot be located.
Documents involved;
a) Notice of application
b) Affidavit in support (to exhibit report from the Immigration Department – in and
out (Malaysia) record of the Respondent, if any)
3 Leave Application (Ex-parte)
(Can also be ex-parte to Inter-parte)
Several types of leave application, such as;
1) Leave for committal (Order 52 HCR 2012)
Documents involved;
a) Notice of application
b) Affidavit in support
c) Statement under O52 R3(2)
1) Leave to file re-joinder (Rule 17 (3) DMPR 1980)
Documents involved;
a) Notice of Application
b) Affidavit in Support
Types of Application made via Notice of Application

20. 4 Variation of Decree Nisi
(section 83, 84, 96 and 97 of the LRA 1976)
Variation as to the Decree Nisi for the arrangement of custody and maintenance.
This application can be made ex-parte or inter-parte.
Documents involved;
a) Notice of Application
b) Affidavit in support
6 Ancillary Reliefs Application under Rule 56 (3) DMPR 1980, Notice of Application under Form 11.

21. 1 Declaration Under Rule 80 and 81 of the DMPR 1980 for marital status, declaration for
legitimacy of a child and validity of a marriage.
Application shall be made by petition.
1 Maintenance, custody and access Application made before initiate/ during divorce petition under code 33
2 Legitimacy of a child Can also be made under Originating Summons
3 Leave for exemption from the Marriage Tribunal Section 106 (1) LRA 1976
4 Leave to file a petition for divorce before 2 years Section 50 of the LRA 1976 and rule 7(1) DMPR 1980
Other application that related to Family/Divorce matter.
Application for Family matters that can be file under Originating summons (code 24)

22. DECREE NISI AND PROCEEDINGS
THEREAFTER
 Section 61 of Law Reform Marriage and Divorce Act 1976
 -General rule is that, every decree shall not be made absolute before the
expiration of three (3) months from its grant.
 -However, the court may, upon the request of the parties and discretion of it,
fixes a shorter period for example 1 month/2 months and also on the
immediate effect for the decree to be made absolute.
 -Rationale for 3 months period :- a period for reconciliation for the parties (if
possible)
 -If, after the expiration of 3 months no application for the decree to be made
absolute by the party to whom it was granted, then the party against whom it
was granted may make an application to rescind the decree nisi or make the
decree absolute.

23. EXECUTION & ENFORCEMENT OF
ORDERS
 A) COMMITAL PROCEEDINGS – RULE 74 DMPR 1980 / ORDER 52 HIGH COURT
RULES 2012
- PARTY INITIATING THE COMMITAL PROCEEDING MUST FIRST OBTAINED LEAVE
FROM THE COURT WITH THE FILING OF NOTICE OF MOTION FOR COMMITAL.
- ONCE THE COURT LEAVE IS OBTAINED, THEN THE APPLICANT CAN PROCEED
WITH THE COMMITAL PROCEEDINGS.
- DOCUMENTS INVOLVED ;
 NOTIS USUSL
 AFIDAVIT SOKONGAN
 PENYATAAN MENURUT ATURAN 52 HIGH COURT RULES 2012
- SERVICE OF NOTICE OF COMMITAL PROCEEDINGS SHALL BE SERVE PRSONALLY TO

24. EXECUTION & ENFORCEMENT OF
ORDERS
B) JUDGMENT DEBTOR SUMMONS – RULE 73 DMPR 1980 AND ORDER 48 OF THE RULES OF COURT
2012
- AN APPLICATION FILED UNDER FORM 17 AND SHALL BE SERVED PERSONALLY TO THE
DEBTOR/RESPONDENT.
 -ORDER 48 IN FORM 95 (HCR 2012)
 -COURT MAY ORDER THE JUDGMENT DEBTOR TO ATTEND BEFORE REGISTRAR AND BE
ORALLY EXAMINED ON MEANS OF SATISFYING THE JUDGEMENT OR ORDER
 -JDS IS ANOTHER OPTION TO GO IN THE EVENT THE PERSON AGAINST WHOM THE ORDER
WAS MADE FAILS TO ABIDE BY THE ORDER WHICH HAS BEEN GRANTED PREVIOUSLY BY THE
COURT
 -REGISTRAR SHALL TAKE DOWN STATEMENT MADE BY THE JUDGMENT DEBTOR AND ASK HIM
TO SIGN AFTER READING IT TO HIM

25. THANK YOU