A Malaysian High Court judge has ruled that a marriage cannot be annulled based on mutual non-consummation alone, emphasizing that the law requires proof of one spouse's wilful refusal to consummate the union. Judicial Commissioner K. Raja Segaran delivered the judgment on April 3, 2026, dismissing a husband's petition for a decree of nullity.
The petitioner had sought to annul the marriage under Section 70(b) of the Law Reform (Marriage and Divorce) Act 1976, which allows for nullity if a marriage has not been consummated due to the respondent's wilful refusal. The court found the husband failed to provide sufficient evidence that the absence of sexual relations was caused by the wife's refusal, as opposed to a mutual decision or other circumstances.
In his ruling, Judicial Commissioner Raja Segaran stated that the provision is not a shortcut for couples who mutually agree not to consummate their marriage but later wish to end it. The judgment reinforces the legal distinction between annulment, which treats a marriage as void from the start, and divorce, which dissolves a valid marriage.
The case underscores the specific legal requirements for nullity in Malaysia, where the petitioner must conclusively prove the respondent's refusal was deliberate and the sole cause of non-consummation. The court's decision maintains that mutual consent to a sexless marriage does not meet the statutory threshold for annulment.
