Husband and wife registered their marriage in Malaysia. They both subsequently migrated to overseas and obtained overseas Permanent Resident Visas.
Nonetheless, their marriage is unable to be sustained but they are unsure of whether divorce proceeding shall applied in Malaysia or overseas.
Not withstanding the above mentioned section 48, recent case law seems to suggest that divorce proceeding may be carried outside Malaysia in the event foreign courts seize jurisdiction over the said matter.
As such, it is advisable that the couple should proceed to file their divorce petition in Malaysia as the decree nisi has to be registered in Jabatan Pendaftaran Negara.
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