Administration of Muslim Law (Amendment) Bill · cl 10

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In the principal Act, in section 35 —(a)in subsection (2), replace “subsection (3)” with “subsections (3) and (3A)”;(b)in subsections (2)(ca) and (4), replace “custody, care and control, access” with “custody of, care and control of, access to”;(c)in subsections (2)(ca) and (d) and (4), replace “nullification” wherever it appears with “nullity”;(d)after subsection (3), insert —“(3A) The Court has jurisdiction to hear and determine an application for any CCCA order or FR order made by a party to a foreign divorce or nullity of marriage only if —(a)one of the parties to the marriage is domiciled in Singapore on the date of the application for permission under section 35AB or was so domiciled on the date on which the divorce or nullity of marriage obtained in a foreign country took effect in the foreign country; or(b)one of the parties to the marriage was habitually resident in Singapore for a period of at least 3 years immediately before the date of the application for permission under section 35AB or was so resident immediately before the date on which the divorce or nullity of marriage obtained in a foreign country took effect in the foreign country.”; and(e)in subsection (5), replace “subsection (3)” with “subsections (3) and (3A)”.

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cl 10Amendment of section 35

In the principal Act, in section 35 —

(a)

in subsection (2), replace “subsection (3)” with “subsections (3) and (3A)”;

(b)

in subsections (2)(ca) and (4), replace “custody, care and control, access” with “custody of, care and control of, access to”;

(c)

in subsections (2)(ca) and (d) and (4), replace “nullification” wherever it appears with “nullity”;

(d)

after subsection (3), insert —“(3A) The Court has jurisdiction to hear and determine an application for any CCCA order or FR order made by a party to a foreign divorce or nullity of marriage only if —

(a)

one of the parties to the marriage is domiciled in Singapore on the date of the application for permission under section 35AB or was so domiciled on the date on which the divorce or nullity of marriage obtained in a foreign country took effect in the foreign country; or

(b)

one of the parties to the marriage was habitually resident in Singapore for a period of at least 3 years immediately before the date of the application for permission under section 35AB or was so resident immediately before the date on which the divorce or nullity of marriage obtained in a foreign country took effect in the foreign country.”; and

(e)

in subsection (5), replace “subsection (3)” with “subsections (3) and (3A)”.