On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 02/01/2011.
52.
—(1) The Court shall have power to inquire into and adjudicate upon claims by married women or women who have been divorced for payment of her emas kahwin and marriage expenses (hantaran belanja).
[29/2008]
(2) A woman who has been divorced by her husband may apply to the Court for a consolatory gift or mutaah and the Court may, after hearing the parties, order payment of such sum as may be just and in accordance with the Muslim law.
(3) The Court may, at any stage of the proceedings for divorce or nullity of marriage or after making a decree or order for divorce or nullity of marriage, or after any divorce has been registered under section 102 before 1st March 2009, on the application of any party, make such orders as it thinks fit with respect to —
(a)
the payment of emas kahwin and marriage expenses (hantaran belanja) to the wife;
(b)
the payment of a consolatory gift or mutaah to the wife;
(c)
the custody, maintenance and education of the minor children of the parties; and
(d)
the disposition or division of property on divorce or nullification of marriage.
[20/99; 29/2008]
(4) The Court may make all such other orders and give such directions as may be necessary or expedient to give effect to any order made under this section.
[20/99]
(5) Any order under this section may be made upon such terms and subject to such conditions, if any, as the Court thinks fit.
[20/99]
(6) The Court may, on the application of any interested person, vary or rescind any order made under this section where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances, or for other good cause being shown to the satisfaction of the Court.
[20/99; 29/2008]
(7) In making any order under subsection (3)(d), the Court shall have power to order the disposition or division between the parties of any property or the sale of any such property and the division between the parties of the proceeds of such sale in such proportions as the Court thinks just and equitable.
[20/99]
(8) It shall be the duty of the Court in deciding whether to exercise its powers under subsection (7) and, if so, in what manner, to have regard to all the circumstances of the case, including the following matters:
(a)
the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the property;
(b)
any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage;
(c)
the needs of the children, if any, of the marriage;
(d)
the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party;
(e)
any agreement between the parties with respect to the ownership and division of the property made in contemplation of divorce;
(f)
any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party;
(g)
the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business;
(h)
the income, earning capacity, property and other financial resources which each of the parties has or is likely to have in the foreseeable future;
(i)
the financial needs, obligations and responsibilities which each of the parties has or is likely to have in the foreseeable future;
(j)
the standard of living enjoyed by the family before the breakdown of the marriage;
(k)
the age of each party and the duration of the marriage;
(l)
any physical or mental disability of either of the parties; and
(m)
the value to either of the parties of any benefit (such as a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
[20/99]
(9) For the purposes of subsection (7), the Court may in particular, but without limiting the generality of subsections (4), (5) and (6), make any one or more of the following orders:
(a)
an order for the sale of any property or any part thereof, and for the division, vesting or settlement of the proceeds;
(b)
an order vesting any property owned by both parties jointly in both the parties in common in such shares as the Court considers just and equitable;
(c)
an order vesting any property or any part thereof in either party;
(d)
an order for any property, or the sale proceeds thereof, to be vested in any person (including either party) to be held on trust for such period and on such terms as may be specified in the order;
(e)
an order postponing the sale or vesting of any share in any property, or any part of such share, until such future date or until the occurrence of such future event or until the fulfilment of such condition as may be specified in the order;
(f)
an order granting to either party, for such period and on such terms as the Court thinks fit, the right personally to occupy the matrimonial home to the exclusion of the other party;
(g)
an order for the payment of a sum of money by one party to the other party.
[20/99]
(10) Where, under any order made under this section, one party is or may become liable to pay to the other party a sum of money, the Court may direct that the money shall be paid either in one sum or in instalments, and either with or without security, and otherwise in such manner and subject to such conditions as the Court thinks fit.
[20/99]
(11) Where, pursuant to this section, the Court makes an order for the sale of any property and for the division, application or settlement of the proceeds, the Court may appoint a person to sell the property and divide, apply or settle the proceeds accordingly; and the execution of any instrument by the person so appointed shall have the same force and validity as if it had been executed by the person in whom the asset is vested.
[20/99]
(12) Where the Court, by any order under this section, appoints a person (including the registrar or other officer of the Court) to act as a trustee or to sell any property and to divide, apply and settle the proceeds thereof, the Court may make provision in that order for the payment of remuneration to that person and for the reimbursement of his costs and expenses.
[20/99]
(13) Any person who fails to comply with an order of the Court made under this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months.
[20/99]
(14) For the purposes of this section, “property” means —
(a)
any asset acquired before the marriage by one party or both parties to the marriage which has been substantially improved during the marriage by the other party or by both parties to the marriage; and
(b)
any other asset of any nature acquired during the marriage by one party or both parties to the marriage,
but does not include any asset (not being a matrimonial home) that has been acquired by one party at any time by gift or inheritance and that has not been substantially improved during the marriage by the other party or by both parties to the marriage.
[20/99]