Muslim Marriage and Divorce Rules

In these Rules, unless the context otherwise requires —[Deleted by S 910/2022 wef 30/11/2022](2) In these Rules, unless the context otherwise requires —

The registrar of the Court may exercise, in addition to the jurisdiction and powers specified in section 34B(2)(a) of the Act, all of the jurisdiction and powers that may be exercised by a president of the Court under sections 36A, 36B, 36C, 39, 42, 43, 44, 45, 46, 53B, 54A and 54B of the Act.

The registrar of the Court may exercise all of the powers that may be exercised by a president of the Court under these Rules, except —

Notwithstanding any requirement in these Rules, the registrar, the Court or the Appeal Board may, in an appropriate case, allow an application under these Rules to be made by way of an oral request by the applicant.

This rule does not apply to —

Subject to paragraphs (2) to (6), the fees specified in the Third Schedule are payable for the matters stated in that Schedule.

The Court may on an application by any person waive any fee, specified in Part I of the Third Schedule payable by that person to the Court, by reason of the poverty of that person or of circumstances beyond that person’s reasonable control or for any other good reason.

The Registrar of Muslim Marriages, or a Deputy Registrar of Muslim Marriages authorised by the Registrar in writing, may on an application by any person waive any fee, specified in Part I of the Third Schedule payable by that person to the Registry of Muslim Marriages, by reason of the poverty of that person or of circumstances beyond that person’s reasonable control or for any other good reason.

The Appeal Board or the Chief Executive may on an application by any person waive any fee, specified in Part II of the Third Schedule payable by that person to the Chief Executive, by reason of the poverty of that person or of circumstances beyond that person’s reasonable control or for any other good reason.

The Permanent Secretary may, in the circumstances of a particular case or a class of cases, waive the whole or any part of any fee specified in the Third Schedule.

Paragraphs (2) to (5) apply to any fee mentioned in those paragraphs whether incurred before, on or after 17 October 2022.

These Rules shall not apply to any proceedings or appeal commenced before 1st August 1999 and the revoked Muslim Marriage and Divorce Rules (R 1, 1990 Ed.) shall continue to apply to that proceedings or appeal.

Any direction, order, decision or decree made by —

Every registration of —

An application to a Kadi or Naib Kadi for solemnization of a marriage under section 95 of the Act must —

The Kadi or Naib Kadi may require the applicants to provide any other information that the Kadi or Naib Kadi requires to satisfy himself that there is no lawful obstacle, according to the Muslim law or the Act, to the marriage.

Where an application under paragraph (1) is made on or after 1st September 2011 and any of the parties to the intended marriage has previously been married but is divorced, the declaration referred to in paragraph (1)(b) shall state whether he or she owes any arrears in respect of any maintenance which is payable under a maintenance order.

The declaration mentioned in paragraphs (1)(b) and (2) must provide for a party (X) to declare —

The Kadi or Naib Kadi may in lieu of or in addition to a declaration mentioned in paragraphs (1)(b) and (2), require a statutory declaration to be made by any party to the intended marriage or the wali (if any) of the woman to be wedded.

A marriage shall not be solemnized by Kadi or Naib Kadi unless the parties to the proposed marriage comply with paragraphs (1), (2), (3) and (3A).

In this rule, “maintenance order”, in relation to an order, has the meaning given by —

For the purposes of section 94A(1) of the Act, the class of persons who must attend a marriage preparation programme consists of every party to an intended marriage where —

The illness or disability mentioned in paragraph (1) is —

In section 94A of the Act, “marriage preparation programme” means a programme or course that —

A Kadi or Naib Kadi who holds an inquiry under section 95(3) of the Act may issue a summons to any person to attend the inquiry.

An inquiry held by a Kadi or Naib Kadi under this rule shall be held not earlier than 7 days from the date of the issue of the summons by the Kadi or Naib Kadi to a person required to attend the inquiry.

At the inquiry, the Kadi or Naib Kadi shall —

The Kadi or Naib Kadi may call for any evidence relating to the inquiry that he considers necessary.

The Kadi or Naib Kadi may give his decision immediately after the inquiry or at a later date in which case notice shall be given to all the parties concerned.

If a notice of appeal referred to in rule 39(2) against the decision of the Kadi or Naib Kadi has been filed within 30 days of the date of the decision, the decision of the Kadi or Naib Kadi shall not be carried out except by order of the Appeal Board.

A Kadi who holds an inquiry under section 96(3) of the Act may issue summons to require —

An inquiry held by a Kadi under this rule shall be held not earlier than 7 days from the date of the issue of the summons by the Kadi as referred to in paragraph (1).

At the inquiry, the Kadi shall —

The Kadi may call for any evidence relating to the inquiry that he considers necessary.

The Kadi may give his decision immediately after the inquiry or at a later date in which case notice shall be given to all the parties concerned.

If a notice of appeal referred to in rule 39(2) against the decision of the Kadi has been filed within 30 days of the date of the decision, the decision of the Kadi shall not be carried out except by order of the Appeal Board.

A marriage solemnized by a Kadi or Naib Kadi shall be registered in Form 2.

For the purposes of section 102(2)(c) of the Act, an application for the registration of a revocation of divorce must be made in Form 4.

A revocation of divorce shall be registered in Form 4.

For the purposes of section 46A of the Act and in this Part, “prescribed activity” means —

For the purposes of section 46A of the Act and in this Part, the applicable prescribed activity is —

An application by a prescribed party under section 46A(4) of the Act to be allowed to apply for a divorce in accordance with the Muslim law must be made by originating summons in Form 6A.

The applicant must file the originating summons together with a supporting affidavit —

Unless the Court otherwise directs, the originating summons and the supporting affidavit must be served on the respondent at least 7 days before the date of the first pre-trial conference or first hearing (whichever is earlier) relating to the originating summons.

The Court may allow the applicant to make an application for a divorce in accordance with the Muslim law on such terms as the Court thinks fit.

An application by a prescribed party under section 46A(4) of the Act to be allowed to make a cross-application in proceedings for a divorce in accordance with the Muslim law must be made by summons in those proceedings.

The applicant must file the summons together with a supporting affidavit —

Unless the Court otherwise directs, the summons and the supporting affidavit must be served on the plaintiff in the proceedings mentioned in paragraph (1) at least 7 days before the date of the first pre-trial conference or first hearing (whichever is earlier) in those proceedings.

The Court may allow the applicant to make a cross-application in the proceedings mentioned in paragraph (1) on such terms as the Court thinks fit.

For the purposes of section 102(5)(b) of the Act, an application to the Court for a decree or order for divorce or nullity of marriage must be made by originating summons in Form 6.

Except as otherwise provided in these Rules, all other proceedings in the Court must be commenced by filing an originating summons in Form 45A.

An originating summons for divorce or nullity of marriage must be endorsed with a case statement in Form 7, 8 or 9, whichever is appropriate, unless the Court otherwise directs.

A plaintiff must, at the time of filing of the originating summons endorsed with a case statement or at such other time as may be specified by the Court, file the plaintiff’s relevant CPF statement and additional CPF information.

After an originating summons has been served, the plaintiff may only amend the originating summons, or the case statement with which the originating summons is endorsed —

Unless the Court otherwise directs, a copy of the amended originating summons, or amended case statement, must be served on the defendant.

Except as expressly provided in these Rules, every application in a pending action or matter must be made by a summons in Form 10.

For the purposes of service, an originating summons is valid in the first instance for 12 months beginning on the date of its issue.

Where an originating summons has not been served on a defendant, the Court may by order extend the validity of the originating summons from time to time for such period, not exceeding 6 months at any one time, beginning on the day next following that on which the validity of the originating summons would otherwise expire, as may be specified in the order, if an application for the extension is made to the Court before that day, or such later day as the Court may allow.

Where an originating summons in respect of any proceedings for divorce or nullity of marriage discloses that there is any dependent child of the parties, the plaintiff must, unless the Court otherwise directs, file, together with the originating summons —

Unless the Court otherwise directs, the parties to a marriage must try to agree on the arrangements for the welfare of every dependent child of the parties and file an agreed parenting plan.

If the parties are unable to agree on the arrangements for the welfare of any dependent child of the parties, the parties may seek the advice and assistance of a person, whether or not a public officer, who is trained or has experience in matters relating to child welfare, so that the parties may resolve their disagreements harmoniously.

In reaching an agreement on the arrangements for the welfare of any dependent child of the parties, the parties to the marriage must regard the welfare of that child as the paramount consideration.

Where an originating summons in respect of any proceedings for divorce or nullity of marriage discloses that there is an HDB matrimonial asset to be divided, the plaintiff must, unless the Court otherwise directs, file, together with the originating summons —

Where, at any time after the filing of an originating summons in respect of proceedings for divorce or nullity of marriage, it is disclosed that there is an HDB matrimonial asset to be divided, the plaintiff must, unless the Court otherwise directs, file the documents mentioned in paragraph (1)(a) or (b) in Court —

Before the filing of an agreed matrimonial property plan under paragraph (1)(a), each party to the proceedings must obtain that party’s own relevant CPF statement and additional CPF information within such time and in such manner as the Court may specify.

Before the filing of a proposed matrimonial property plan under paragraph (1)(b), the plaintiff must obtain the plaintiff’s relevant CPF statement and any additional CPF information, in the relevant Form and within such time as the Court may specify.

[Deleted by S 910/2022 wef 30/11/2022]

The lawful guardian of a minor or any other person having parental rights with respect to the minor may apply to the Court to represent the minor in any proceedings in the Court to which the minor is a party.

The following persons may apply to the Court to represent a person lacking capacity in any proceedings in the Court to which the person lacking capacity is a party:

An application under this rule must be made by summons in Form 16 and be supported by an affidavit.

The Court may appoint the applicant referred to in paragraph (1) or (2) to represent the minor or person lacking capacity, as the case may be, in the proceedings if the Court thinks that this is not adverse to the interests of the minor or person lacking capacity.

Where in any proceedings a document is required to be served personally on any person and that person is a minor or person lacking capacity, this rule applies.

Subject to this rule, the document must be served —

Despite anything in paragraph (2), the Court may order that a document which has been, or is to be, served on the minor or person lacking capacity or on a person other than a person mentioned in that paragraph is deemed to be duly served on the minor or person lacking capacity.

Subject to paragraph (5), a judgment or an order requiring a person to do, or refrain from doing any act, a summons for the committal of any person, and an order to attend court issued to any person, must, if that person is a minor or person lacking capacity, be served personally on him or her unless the Court otherwise orders.

Paragraph (4) does not apply to an order for the discovery or production of documents.

A defendant who has been served with an originating summons and case statement must, if the defendant wishes to defend the originating summons, file a memorandum of defence in Form 17, 18 or 19, whichever is appropriate —

The defendant must, as soon as practicable after filing the memorandum of defence, send to the plaintiff or the plaintiff’s solicitor a copy of the memorandum of defence sealed with the seal of the Court.

Subject to paragraph (4), a defendant who has filed the memorandum of defence cannot amend the memorandum of defence, or raise any other ground of defence, without the permission of the Court.

Where the plaintiff has amended the plaintiff’s originating summons, or the case statement with which the originating summons is endorsed, with the agreement of the defendant under rule 9(5)(b) —

A defendant who wishes to make a cross-application must, unless the Court gives permission to the contrary, include the cross-application in the memorandum of defence.

Every cross-application must contain a statement of particulars setting out the following matters:

A defendant who has filed a cross-application may not amend the cross-application without the permission of the Court.

A defendant must, at the time of filing of the memorandum of defence or at such other time as may be specified by the Court, file the defendant’s relevant CPF statement and additional CPF information.

A defendant who has been served with a proposed parenting plan under rule 9B must, in any case where the Court so directs, within the time specified by the Court, or may, in any other case, on the date of filing of the memorandum of defence under this rule, file —

A defendant who has been served with a proposed matrimonial property plan under rule 9C must, in any case where the Court so directs, within the time specified by the Court, or may, in any other case, on the date of filing of the memorandum of defence under this rule, file —

Any agreement or proposed parenting plan filed by the defendant under paragraph (9), and any agreement or proposed matrimonial property plan filed by the defendant under paragraph (10), must be sent to the plaintiff —

Subject to these Rules, the Court may, at any stage of the proceedings, allow a party to amend that party’s originating summons, case statement, memorandum of defence or summons, or any other document filed by that party —

An order granting permission to amend any originating summons, case statement, memorandum of defence, summons or other document may contain directions as to the making of consequential amendments to any other document that has already been filed, and as to the filing and service of the amended document or any other document.

Where the originating summons or case statement has been amended in accordance with rule 9(5)(b), and whether or not the defendant files a memorandum of defence or an amended memorandum of defence (as the case may be) under rule 12(4), the Court may make an order directing the making of consequential amendments to any other document that has already been filed, and as to the filing and service of the amended document or any other document.

The Court may, at any time, on the application of any party to any proceedings (called in this rule the applicant), make an order requiring any other party (called in this rule the respondent) to make an affidavit stating whether any document specified or described in the application, or any class of documents so specified or described —

Upon making an order under paragraph (1), if a document or class of documents is stated by the respondent in the respondent’s affidavit to be in the respondent’s possession, custody or power, the Court may order the respondent to exhibit a copy of the document, or a copy of each document in the class of documents, in the affidavit.

An application for an order under this rule must be made by summons in Form 24 and be supported by an affidavit stating the belief of the deponent that —

Before an application under paragraph (1) is filed, the applicant must serve a written request in Form 25 on the respondent —

The respondent must serve a notice in Form 26 within 14 days after the respondent is served with the written request, stating —

Unless otherwise agreed by the parties, the document or class of documents mentioned in paragraph (5)(a) must be provided or made available to the applicant within 28 days after the date the respondent is served with the written request.

No application may be made under paragraph (1) unless —

In deciding whether to grant an order under paragraph (1), the Court must take into account —

The Court must not make an order under paragraph (1) if, and so far as the Court is of the opinion that, the discovery is not necessary either for disposing fairly of the matter or for saving costs.

The Court must not make an order under paragraph (1) against the respondent before the respondent has filed the respondent’s affidavit of evidence-in-chief, unless in the opinion of the Court there are exceptional circumstances necessitating the making of the order.

The Court may, at any stage of the proceedings, order any party to produce to the Court any document in that party’s possession, custody or power that falls within one of the following descriptions:

The Court may deal with any document produced pursuant to an order under paragraph (1) in such manner as the Court thinks fit.

The Court may, on the application of any party to any proceedings in the Court, during any stage in the proceedings, make an interim order on the —

Before making any interim order under paragraph (1), the Court must have regard to all the circumstances of the case, including the following matters:

An application under paragraph (1) —

An application under paragraph (1) may be made ex parte in cases of urgency, and the Court may make an order subject to such terms as the Court thinks fit.

The Court may, on the application of any party to any proceedings in the Court, make an interim order —

An application under paragraph (1) —

The Court may, in an appropriate case, dispense with the requirement in paragraph (2).

The Court may, on the application of either or both of the following persons, join a person who is not a party to, but has an interest in, any proceedings in the Court (called in this rule the interested person) as an intervener in those proceedings on such terms as the Court thinks fit:

An application under paragraph (1) —

An application for permission to commence or to continue proceedings under section 35A of the Act —

[Deleted by S 639/2018 wef 22/10/2018]

A commencement certificate issued by the Court under section 35A(4) of the Act shall be in Form 31.

A continuation certificate issued by the Court under section 35A(4) of the Act shall be in Form 32.

A certificate of attendance issued by the Court under section 35A(7) of the Act shall be in Form 33.

An application for a stay of proceedings under section 36 of the Act must be made by summons supported by an affidavit.

An application under paragraph (1) must be served on every other party to the proceedings within 7 days after the date of filing of the application in the Court, or within such other period as the Court may direct.

An originating summons or a summons in respect of any proceedings for divorce may be withdrawn by the plaintiff or applicant without the permission of the Court, if —

An originating summons or a summons in respect of any other proceedings may be withdrawn by the plaintiff or applicant without the permission of the Court, at any time before the originating summons or summons is served on the defendant or respondent, by filing a Notice of Withdrawal in Form 34.

Except as provided in paragraphs (1) and (2), a party may not withdraw an originating summons or a summons without the permission of the Court.

The Court hearing an application for permission under paragraph (3) may order the originating summons or summons mentioned in that paragraph to be withdrawn on such terms as to costs, the bringing of a subsequent action or otherwise as the Court thinks fit.

Where a party, who has withdrawn an originating summons or a summons and is ordered under paragraph (4) to pay any other party’s costs of the action, brings another action for the same (or substantially the same) matter, the Court may order that the second action be stayed until those costs are paid.

An originating summons in respect of any proceedings for divorce or nullity of marriage is deemed to be withdrawn against a defendant if —