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HIGH COURT MALAYA KUALA LUMPUR
JONATHAN PETER DAVIES – Appellant
Versus
TAN CHEW YINN – Respondent
| Table of Content |
|---|
| 1. jurisdictional requirements for judicial separation. (Para 1 , 3 , 4 , 5 , 6) |
| 2. preliminary objection on jurisdiction raised by respondent. (Para 2 , 7) |
| 3. analysis of petitioner's residence status. (Para 8 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. distinguishing cited cases from current case. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. definition and requirements of 'residence' in law. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 6. warning against manipulation of jurisdictional rules. (Para 41) |
| 7. conclusion and dismissal of the application. (Para 42) |
Introduction
[1] This was the Petitioner's application in encl 6 for interim reliefs pertaining to assets and the child of the marriage.
[2] However, before the hearing of this application, the Respondent raised a preliminary objection that the Court had no jurisdiction on ground that the Petitioner had failed to meet the requirement of 'residence', and as such, both enclosure 6 and the petition for judicial separation filed by the Petitioner should be struck out.
The Factual Background
[3] The Petitioner, a United Kingdom ("UK") citizen, and the Respondent, a
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