DOMICILE & RESIDENCE
A P P L I C AT I O N O F T H E L R A
INTRODUCTION
• Domicile and Residence are mentioned in the LRA.
• Section 3(1) provides that LRA shall be applicable to all
persons in Malaysia and to all persons domiciled in Malaysia
• Section 3(2) states that a person who is a citizen of Malaysia
shall be deemed to be domiciled in Malaysia.
• The LRA will be applicable to any person who is residing or
domicile in Malaysia.
• Domicile is also required for the validity of marriages ,see
section 26(1) ( c), section 104(b) and ( c) and section 105 (b)
and (c)
• Domicile will be considered in section 75 (3) for legitimacy of
a child where a decree of nullity is granted
• Domicile is important for the court’s jurisdiction in divorce
application vide section 48(1)(c )
DOMICILE
• What is the meaning of domicile?
• Domicile means a place of residence or ordinary habitation; a
house or a home; the place where one has his permanent
residence, to which if absent, he has the intention of returning.
• For example: Ali is a Malaysian, studying in UK. His domicile
is in Malaysia even though at present he is staying in UK. He
will be coming back to Malaysia once he had completed his
study.
• Domicile determines a person’s civil status such as his rights
and other obligations especially under family law.
• The general principle is that everyone will have a domicile at
any one time. The type of domicile may be different.
TYPES OF DOMICILE
1. Domicile of Origin
Domicile of origin is obtained at birth. The law attributes to
every individual as soon as he is born the domicile :
(i) Of his father if the child is legitimate
(ii) Of his mother if the child is illegitimate
Domicile of origin is for life, nevertheless this domicile of
origin can be suspended if a person acquires a domicile of
choice.
2. Domicile of Choice
Domicile of choice may be acquired by any person who has
attained the age of 18 years since he is considered as an adult
according to the Age of Majority Act 1971.
- Udny v. Udny (1869) LR 1 Sc & Div 441
- Shaik Abdul Latif v. Shaik Elias Bux [1915]1 FMSLR 204
- Kanmani v. Sundarampillai [1957] 23 MLJ 172
- Joseph Wong Phui Lun v. Yeoh Loon Goit
- Melvin Lee Campbell v. Amy anak Edward Sumek [1988]2
MLJ 338
3. Domicile of Dependance
2 types of domicile of dependence :
(i) Domicile of dependence of a child
(ii) Domicile of dependence of a wife
-Ang Geck Choo v. Wong Tiew Yong [1998] 1AMR 89
Melvin Lee Campbell v Amy Anak Edward
Re Beaumont (1893) 62 LJ Ch 923
In Maria Hertogh [1951] MLJ 164
4. Matrimonial Domicile
Matrimonial Domicile refers to a place where husband and
wife have established their home. It is also known
as matrimonial home.
- Radwan v. Radwan
RESIDENCE
• LRA requires residence as a pre-requisite requirement for the
court’s jurisdiction . This can be seen in:
• (i) Judicial separation-Section 48 (2) ( c)where both parties to
the marriage reside in Malaysia at the time of the
commencement of proceedings
• (ii) Divorce-section 49(1)(b)the wife is resident in Malaysia
and has been ordinarily resident in Malaysia for a period of
two years immediately preceding the commencement of the
proceedings
• Residence is also important for jurisdiction of the court in
annulment marriages in section 67( c).
• So how to determine residence?
• Residence is to have one’s usual dwelling place or abode; to
reside.
• In the case of Fox v Stirk & anor [1970]3 All ER 7
(CA),residence has been defined as ‘physical presence and an
intention to remain in the same place for a sufficiently long
period to make the presence more than fleeting or transitory’
RESIDENCE
• See also the cases:
• Mahon v. Mahon[1971] 2 MLJ 266
• TPC v ABU & Anor [1983] 2 MLJ 79
