Second Legal Clinic

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Non Muslim Divorce Proceeding-brief email question & answer

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the email:- hello.. my fren is planning for a divorce and she has no clue about the regulations abt it and she need a lawyer to help through the process.. her situation is like this: she is married but not fully 1 year. she dun have any children.she wanted divorce as she feels that she and her husband are not suitable anymore. no more more particular reason.. any of ur reply i will forward it to her.. hope to hear from u soon..hope tat u can help her..thanx.. the brief answer:- Hi, no divorce petition can be brought to court within 2 years of marriage except for very strong reason eg intolerable marriage with eminent danger to either wife or husband (normally wife). there 3 reasons to get divorce, one of simple reason to give irrevocable broken down of marriage. establish the first requirement and your friend can file the divorce petition either joint petition (both husband and wife agree to a divorce) or single petition filed by one of the party (the other party may or may not agree t...
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Small Claim Court: Do-It-Yourself (DIY)

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Salam, Last post I have explained on how simple it would be to claim ' dishonored ' cheque from the drawer in court. And now, in this post I am going to show you another simple claim that everybody can do by themselves. It is normally called 'Small Claim Procedure'. So make it easier to understand, let me put it in point form. What is 'small claim procedure'? Small Claim Procedure is where an individual (not agent or company or person holding power attorney or etc) wants to claim from someone else (debt) using court procedure, i.e. suing in court of law. The total amount of claim must not exceeding RM5, 000-00 The claim must be made through summons in Magistrate Court No lawyer can get involve in this small claim proceeding … (that's bad for me…hehehe), everything is done by the plaintiff himself (person who is suing) with the guidance of court (staff). To illustrate, if B owes A RM 5, 000-00 and B refuses to pay, A can sue B in Magistrate court under this ...
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Hire Purchase: Car Repossessed?

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Salam, I have one assignment yesterday regarding one poor chap's car repossessed by his financier. His case is straight forward but one that typical type of problem, the brief is simple:- This guy has a car which is still under hire purchase He defaulted for more than 3 months which gave the bank rights to repossess his car under the Hire Purchase Act, and the bank did. The car was kept at one store somewhere in Penang for 2 months pending auction. He however managed to settle his overdue installments (after getting some soft loan from friends) and wanted to bring out his car. Too bad, somehow when he tried to get back his car from the store, he noticed that some (quite substantial) 'things' and parts of his car is no longer intact. He did a complaint to his bank and then lodged a police report. The police due some reasons (God knows why) asked his just to refer back to the bank and had done nothing till date, in fact he was advised by the police to settle the matter direc...
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