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🏛️ Polygyny: the law · #10

What happens if the first wife does not attend the polygyny hearing?

Usually the court may proceed with the hearing if the wife has been properly served with the summons but chooses not to attend. The actual procedure depends on the judge's decision and the state court rules. The judge may adjourn the case and order the summons to be served again if service is in doubt. If proof of service is complete, the court may assess the application on the basis of the applicant's evidence and documents. The wife's absence does not mean she consents; the court must still be satisfied on all conditions such as ability and justice. A wife who cannot attend for a reasonable cause should inform the court or appoint a Syariah lawyer. See polygyny procedure.

Sumber

Act 303, s.23State Syariah Court Civil Procedure Enactment
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Soalan berkaitan

Can the first wife appeal if the court approves her husband's polygyny?Yes, the existing wife is an interested party and can usually appeal against the decision. The right of appeal is provi…Will the first wife be summoned to court during a polygyny application?Yes. State Enactments require the court to summon the applicant and the existing wife or wives to attend during the he…What can the first wife do if her husband marries again without permission?A wife has several legal options and need not stay silent. Among them: • lodging a complaint with the Division…Can the court order maintenance (nafkah) for the first wife when approving polygyny?Yes. State Enactments usually allow the court, during or after hearing a polygyny application, to make an order for main…If my polygyny application is rejected, can I appeal?Yes, the court's decision on a polygyny application can be appealed to a higher Syariah Court according to the procedure …Does a husband need his first wife's permission to practise polygyny?Under Islamic law and Malaysian law, the first wife's consent is not a condition for the validity of the second marriage, but the vi…
Jawapan ini rujukan umum, bukan fatwa. Untuk keadaan anda, rujuk pejabat agama, peguam syarie atau Mahkamah Syariah negeri.

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