2019 MarsdenLR 664

HIGH COURT MALAYA KUALA LUMPUR
SASITHORN MAROT – Appellant
Versus
BRUNO MAROT & ANOR – Respondent
[Divorce Petition Application No: WA-33-679-12-2017]

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.