PRELIMINARY MATTERS THE CONCEPT OF DOMICILE AND RESIDENCE.

The Law Reform (Marriage and Divorce) Act 1976 (LRA 1976) mentions the word domicile and residence but does not go on to provide a definition of the above words: s.3 (1) Except as is otherwise expressly provided this Act shall apply to all persons in Malaysia and to all persons domiciled in Malaysia but are resident outside Malaysia. s.3 (2) For the purposes of this Act, a person who is a citizen of Malaysia shall be deemed, until the contrary is proved, to be domiciled in Malaysia. As no statutory definition has been provided for the term domiciled and resident we must refer to case law. Domicile Oxford English Dictionary a place of residence or ordinary habitation ,a home or house ,the place which one has his permanent residence to which ,if absent ,he has the intention of returning . Cases: SHAIK ABDUL LATIF V SHAIK ELIAS BUX (1915)

KANMANI V SUNDARAMPILLAI (1957)

ANG GECK CHOO V WONG TIEW YONG (1997)

Residence Oxford Dictionary: to have ones usual dwelling place or abode, to reside.

FOX V STIRK (1970)

NOTE: Law Reform (Marriage and Divorce) Act 1976 (LRA 1976)

S.26 (1) A marriage may be solemnised by the Registrar appointed under subsection 28(4)
at the Malaysian Embassy, High Commission or Consulate in any country which has not notified the Government of Malaysia of its objection to solemnisation of marriages at such Malaysian Embassy, High Commission or Consulate: Provided that the Registrar shall be satisfied(a) that one or both the parties to the marriage is a citizen of Malaysia; (b) that each party has the capacity to marry according to this Act; (c) that, where either party is not domiciled in Malaysia, the proposed marriage, if solemnised, will be regarded as valid in the country where such party is domiciled; and (d) that notice of the proposed marriage has been given at least twenty-one days and not more than three months previously, which notice has been published both at the office of the Registrar in the Embassy, High Commission or Consulate where the marriage is to be solemnised and at the Registry of the marriage district in Malaysia where each party to the marriage was last ordinarily resident and no caveat or notice of objection has been received.

S.104:
A marriage contracted outside Malaysia other than a marriage solemnised in a Malaysian Embassy, High Commission or Consulate under section 26, shall be recognised as valid for all purposes of the law of Malaysia if(a) it was contracted in a form required or permitted by the law of the country where it was contracted; (b) each of the parties had, at the time of the marriage, capacity to marry under the law of the country of his or her domicile; and (c) where either of the parties is a citizen of or is domiciled in Malaysia, both parties had capacity to marry according to this Act.

S.105 : A marriage contracted in any foreign Embassy, High Commission or Consulate in Malaysia shall be recognised as valid for all purposes of the law of Malaysia if(a) it was contracted in a form required or permitted by the law of the country whose Embassy, High Commission or Consulate it is, or in a form permitted under this Act; (b) each of the parties had, at the time of the marriage, capacity to marry under the law of the country of his or her domicile; and (c) where either of the parties is a citizen of or is domiciled in Malaysia, both parties had capacity to marry under this Act.

RECOMENDED READING 1. KAMALA PILLAI CHAPTERS 1&2 2. AHMAD IBRAHIM CHAPTER 1 3. MIMI KAMARIAH CHAPTER 1 & 2