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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Illegal Customary Practice of Landlord reclaiming premise from Tenant

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Intro: To begin this article, allow us briefly explain what we mean by 'landlord' and 'tenant' in this context of today's discussion. For those who are not familiar with the term, landlord is the owner land or premise be it dwelling house, shop lot or factory etc, either having registered interest or beneficial interest. And the tenant means a person, company or organization renting the premise, either on contractual basis or 'monthly basis'. In any part in this world renting premises is a common practice. The relationship between the landlord and tenant however may differ. In Malaysia, unless for expensive rental rate or business premises, most rental practice do not have any kind of written contract binding upon landlord and tenant. Though, written contract of tenancy is highly encouraged, any tenancy with no written agreement is also valid and enforceable by law (Evidence Act- the tenant is estopped from denying the ownership/right of landlord). Such tena...
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