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HIGH COURT MALAYA KUALA LUMPUR
RE: KIRTHIGA SUTHAN KATHIRAVELLU & ANOR
| Table of Content |
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| 1. joint petition lacks grounds for annulment. (Para 1 , 2 , 3) |
| 2. legal definition of non-consummation must be applied. (Para 4 , 5 , 10 , 11) |
| 3. incapacity must be proven for annulment. (Para 6 , 7 , 8 , 9) |
| 4. wilful refusal is applicable only to the respondent. (Para 12 , 13 , 14 , 15) |
| 5. refusal to consummate must be justified. (Para 17 , 18) |
| 6. nullity petitions cannot substitute for divorce. (Para 19 , 20 , 21 , 22) |
The Factual Background
[1] This was a joint petition for nullity of marriage filed by both petitioners ("the Petitioners") on the premise of non-consummation as stipulated in s 70 the Law Reform (Marriage & Divorce) Act 1976 ("Law Reform (Marriage & Divorce) Act").
[2] The Petitioners had registered their marriage on 9 June 2022. They claimed that they had never lived as husband and wife, and soon after, made the joint decision to have their marriage annulled on the basis that they had no interest in remaining married to each other.
[3] In December 2022, the Petitioners filed a joint petition ("this Petition") seeking a nullity of their marriage. This Petition was dismissed for the following reasons.
Contentions, Evaluation, A
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