Azizan Md Arshad JC:

GROUNDS OF JUDGMENT

[ENCLOSURE 22]

Introduction

[1]This Court on 03.09.2024, struck out (not dismissed) Enclosure 22 with no order to costs. The Respondent Wife (RW) had appealed to the Court of Appeal. These are my grounds of judgment.

[2]The Appellant and the Respondent are to be referred to as they were in the High Court.

The Brief Background

[3]The Petitioner Husband (PH)’s grounds for divorce, i.e. desertion, as he does not know of RW whereabouts “since 2016”. The Exemption of Service of the cause papers to notify the RW personally was granted by this Court on 18.08.2022.

[4]The Decree Nisi was granted by this Court on 30.08.2022 by way of the Order and Decree Nisi made absolute on 30.11.2022.

The Application (Enclosure 22)

[5]This is an application by the RW [Enclosure 22] to set aside the following orders obtained ex-parte by the PH in his proceedings for divorce against the RW pursuant to inter alia Order 32 Rule 6, Order 42 Rule 13 and/or Order 92 Rule 4 of the Rules of Court 2012

1.That the Order dated 18.08.2022 [Enclosure 12] exempting the Petitioner from serving the following cause papers: -

(a)Divorce Petition dated 20.07.2022 [Enclosure 1];

(b)Petitioner’s Af