JUDGMENT

Gunn Chit Tuan SCJ:

William Tan Guan Hock (the petitioner) was lawfully married to one Khor Chai Heah @ Khor Ah Chin (the respondent) on 2 December 1969, by way of Chinese customary rites in Kuala Lumpur. On 28 April 1987, he filed a divorce petition in the High Court at Johor Bahru, and in para. 3 thereof it was averred that "The petitioner is now domiciled in Singapore and the respondent is domiciled in Malaysia". But on 4 June 1988, he filed a summon-in-chambers to amend the said petition by substituting a new para. 3 therein in which it was averred that "The petitioner and the respondent are domiciled in Malaysia". The Senior Assistant Registrar allowed the petitioner's application to amend the averment in para. 3 of his petition and the respondent filed an appeal to the Judge in chambers on 16 September 1988.

Before the learned Judge Counsel for the respondent argued that para. 3 of the petition as originally filed clearly indicated that the petitioner had no capacity to sue for divorce under s. 48(1)(c) of the Law Reform (Marriage & Divorce) Act 1976, (the Act) which reads as follows:

48(1) Nothing in this Act shall authorise the Court to make any decree of divorce e