Application for Marriage Tribunal Proceedings Under the Law Reform (Marriage and Divorce) Act 1976 [Act 164]
Marriage Tribunal is a place to refer to an inconvenience in the marital affairs of someone who is not a Muslim for the purpose of reconciliation. Applicants are required to attend the NRD counter.
- When one of the spouses does not agree to divorce.
- The marriage period must exceed 2 years. If the marriage is less than 2 years old, the tribunal’s application can be accepted but no Certificate (NRD.KC29) is issued otherwise the application will be issued (NRD.KC28).
- A spouse may select any NRD office to consult the tribunal’s application upon agreement and appear together at the counter and must state a letter of mutual consent when making the application.
- If the couple disagrees with the Marriage Tribunal’s place of reference for the area in which they reside or if they live in different areas, the Marriage Tribunal’s place of reference is based on their last common residence (Pursuant to Section 106(2), Act 164).
- The Attorney may take Form NRD.KC14 and submit the application on behalf of the client.
- Lawyer or representative not may attend or act on behalf of a client in a marriage tribunal proceeding.
(Pursuant to Section 106(5)(c) of Act 164).
- One of the couples has embraced Islam.
- Both parties agreed to divorce by mutual consent.
- Petitioner was immediately left by his partner and he did not know where his partner was.
- Respondents reside abroad and are unlikely to re-enter Malaysia within 6 months after the date of the petition.
- If the petitioner says that the respondent is suffering from an incurable mental illness; or if the court is satisfied that there are exceptional circumstances which render referral to the Marriage Tribunal impracticable.
- If the respondent is incarcerated for a term of 5 years or more.
- If the opposing party has been required to appear before a Marriage Tribunal and has intentionally not attended.
- If the Court is satisfied that there are exceptional circumstances/ exceptions that make reference to a Marriage Tribunal impractical.
- Request for Reference to the Conciliation Body (Form NRD.KC14).
- Identity Card (ORIGINAL and Copy).
- Valid Passport and Visa (ORIGINAL and copy of page containing personal information as well as latest date of arrival in Malaysia).
- Supporting documents such as police reports as evidence, if relevant.
- NRD reserves the right to request any supporting documents from the applicant before the application can be accepted.
- RM2.00 application fee.
- RM20.00 if the Certificate of Tribunal NRD.KC29 is issued.
NRD.KC14
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