I hope that Bar Council/KL Bar can clarify this practise with the KL Family Court on this matter.
I have just received a letter from the Family Court informing me that the Sijil Mutlak that I have filed together with the Decree Nisi was rejected.
I was asked to re-file and re-pay the filing fees. Previouly, the Court has accepted the filing of Sijil Mutlak & Decree Nisi together, why suddenly there is change in the practise and was not notified to us? And the Court should not accept the Sijil Mutlak in the first place? Why are we being asked to pay again? Can't they just accept our receipt for the payment that we have made? Is this another instance of daylight robbery?
Hope KL Bar can bright this up to the relevant authority.
Thank you.
Tan Pean Khoon
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Andrew Teh Leng Guan
User Fresh Forumer
Posts: 9
Re:Penolakan Sijil Mutlak - 2007/11/21 18:41You haven't provided sufficient particulars of the problem you have encountered. If you are filing the application to make the decree nisi absolute within the statutory three month period (or any shorter abridged period), then your application would have been correctly rejected, in my opinion.
What the Court Liaison Sub-Committee has done, insofar as the Family Court is concerned, is to ask the Court to generally expedite the extraction of the perfected decree nisi within the statutory time period.
If you are of the view that your application was incorrectly rejected by the court registry, then I suggest you seek an appointment with the SAR of the Family Court and apply for a transfer of the filing praecipe to the second application which you intend to file.
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Maureen Tay Huey Ming
User Fresh Forumer
Posts: 9
Daylight robbery? - 2007/11/22 21:38Is this another instance of daylight robbery?
Yes !
Please allow me to share my experience on a rather similar situation...
Sometime in October 2006, a client came to see me to handle his divorce matter. So, i prepared the petition, affidavits etc which he duly executed. However, since he would be away for 2 months, he asked me to file the petition after he's back in Malaysia.
I filed the petition in January 2007. And guess what happened at the filing counter! The filing clerk asked me to re-file as the documents stated '33 - - 2006' instead of '33 - - 2007'.
I can only blame myself for not realizing the the mistake. But the funny thing IS...the clerk actually saw the mistake when she was typing at her computer and she said absolutely nothing at all...collected the payment, kept the money in the drawer....then she looked at me blankly and conveniently asked me to re-file and to pay AGAIN!
daylight robbery? or i deserved it?
Fortunately for me, i went to see a registrar immediately and she rectified the matter at no cost at all.
Thank goodness there's a kind soul in this world!
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