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2019 MarsdenLR 1702
HIGH COURT MALAYA KUALA LUMPUR
SASITHORN MAROT – Appellant
Versus
BRUNO MAROT & ANOR – Respondent
[Divorce Petition Application No: WA-33-679-12-2017]
Petitioner Advocates:YN Foo,Kiran Dhaliwal,MW Ong ,Respondent Advocate: J Sharmesh,Charlotte Diana
The court affirmed the power to grant anti-suit injunctions to prevent vexatious foreign divorce proceedings when the Malaysian court is deemed the natural forum.
Headnote:This case discusses the grant of an anti-suit injunction under the Courts of Judicature Act 1964 and the Rules of Court 2012, where the petitioner seeks to restrain the respondent from continuing divorce proceedings in Thailand, asserting jurisdiction and fairness concerns regarding Malaysian courts. The court finds that concurrent proceedings would be vexatious and prejudicial to the petitioner, emphasizing Malaysia as the natural forum for adjudicating matrimonial matters and ancillary reliefs, particularly considering the lack of enforceable orders from Thai courts. The court ultimately grants the injunction to prevent the Thai proceedings, highlighting the oppressive nature of such actions against the petitioner.
| Table of Content |
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| 1. petitioner's application for divorce and issues of jurisdiction. (Para 1) |
A. Introduction
[1] This is a Notice of Application filed by the petitioner/wife ("the petitioner"), ie encl 63 under O 29 r 1 of the Rules of 2012, ss 23 and 25 of the Courts of Judicature Act 1964 for anti-suit injunction order against the respondent/husband ("the respondent") to restrain the respondent from proceeding with his divorce proceedings filed in Thailand and also to restrain from enforcing any Orders obtaining therefrom.
[2] On 16 October 2018, I accordingly granted the order as prayed in encl 63 and for the costs of RM4,000.00 to be paid to the petitioner by 7 January 2019.
