Lee Hun Hoe CJ (Borneo)

We allowed the appeal and set aside the decree nisi . We stated that we would give our reasons later and we do so now. The appeal is concerned with the dissolution of marriage on ground of mutual consent under section 52 of the Law Reform (Marriage and Divorce) Act, 1976 (hereinafter referred to as "the Act"). The section provides:

"52. If husband and wife mutually agree that their marriage should be dissolved they may after the expiration of two years from the date of their marriage present a joint petition accordingly and the court may, if it thinks fit, make a decree of divorce on being satisfied that both parties freely consent, and that proper provision is made for the wife and for the support, care and custody of the children, if any, of the marriage, and may attach such conditions to the decree of divorce as it thinks fit."

Sivanesan, the petitioner (husband) and Shyamala, the co-petitioner (wife) were married on August 24, 1974 at the Petaling Jaya Marriage Registry. While the husband lived in Petaling Jaya the wife lived in Klang. They have no children. On May 25, 1984 they filed a joint petition freely consenting mutually to have their marria