12/01/2026

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Divorce costly and complex for families o Veteran lawyer urges early legal advice and mediation to protect children and reduce long-term impact

Grok banned over harmful content

Ű BY KIRTINEE RAMESH newsdesk@thesundaily.com

PETALING JAYA: Divorce in Malaysia is not just an emotional challenge – it can be a complex and costly journey, particularly for families with children. Courts prioritise children’s welfare, offering both parents equal rights to custody, care and control. Yet navigating the process remains daunting, warns Paramjothy Pahavan, solicitor with over 30 years’ experience and sole proprietor of Messrs P. Paramjothy & Co. He stressed that early legal advice and mediation are crucial. “Couples should understand their rights and responsibilities regarding custody, child maintenance and temporary financial support before situations escalate. Early preparation can prevent children from being left vulnerable during the transition.” Paramjothy advises parents to start by assessing their household finances – including income, expenses, debts and children’s needs – to realistically gauge whether maintaining two households is feasible. “Equally important is prioritising the child’s mental well-being. Parents should avoid conflict in front of children, maintain routines and never use children as messengers or leverage. “Honest, age-appropriate communication reassures them that the separation is not their fault and that both parents still care for them.” He warned that hasty decisions – such as abruptly moving, cutting off financial support, or restricting access without legal advice – can have long-lasting psychological effects and may weaken a parent’s legal standing. NGOs also play a vital role. The Women’s Aid Organisation (WAO) provides crisis support and legal guidance, while All Women’s Action Society (Awam) offers free advice via its Telenita hotline. Sisters in Islam (SIS) considering divorce, the first and most critical question is which law applies. Malaysia’s dual legal system – Syariah law for Muslims and the Law Reform (Marriage and Divorce) Act 1976 for non-Muslims – sets out very different processes, timelines and costs, making early legal awareness essential, particularly for families with tight finances. Understanding these frameworks is crucial for a fair and efficient resolution, said legal assistant Sarainya Selvam. For non-Muslim couples with tight finances, she said they should seek legal advice early. “This can be done through the Malaysian Bar Legal Aid Department or state Bar Legal Aid centres, which assist eligible couples – those earning a combined annual income below RM50,000 – to file a joint petition for divorce.

Ű BY FAIZ RUZMAN newsdesk@thesundaily.com

mediation encourages transparency in child support agreements, lowering the risk of future disputes.” Sarainya said the law also protects financially dependent spouses, particularly mothers. “Courts can order interim maintenance during proceedings and final maintenance after divorce. Ancillary relief under Rules 56 and 57 of the Divorce and Matrimonial Proceedings Rules 1980, or applications under Sections 77 and 93 of LRA 1976, offer additional safeguards for financially constrained parties.” She addded that while financial concerns are significant, couples can achieve fair and efficient outcomes through legal knowledge, mediation and early preparation. “With the right guidance, divorce can be managed in a way that minimises disruption for children and families.” – By Kirtinee Ramesh PETALING JAYA: The Malaysian Communications and Multimedia Commission (MCMC) has imposed a temporary ban on the Grok artificial intelligence chatbot in Malaysia, citing the operator X Corp’s failure to implement adequate safeguards against harmful content. MCMC said this follows repeated instances in which the chatbot was used to produce obscene, sexually explicit and non-consensual manipulated images, including material involving women and minors. Despite prior regulatory engagement, MCMC said the measures taken by X Corp and its AI subsidiary xAI LLC fell short of addressing the inherent risks posed by the chatbot’s design and operation. Notices were issued to the companies on Jan 3 and Jan 8, directing them to introduce stronger technical and moderation controls to prevent the creation of content that could breach Malaysian law, including Section 233 of the Communications and Multimedia Act 1998. Under Section 233, transmitting content that is obscene, indecent, false, menacing or offensive, with the intent to annoy, abuse, threaten or harass, is a criminal offence. Convictions carry a maximum fine of RM50,000, up to one year’s imprisonment or both, with an additional RM1,000 fine for each day the offence continues after conviction. However, MCMC said the company’s reliance on user reporting mechanisms – where harmful content is addressed only after it is flagged – was insufficient to mitigate the risks of the AI system. “The responses submitted on Jan 7 and Jan 9 by X Corp relied primarily on user-initiated reporting mechanisms and failed to address the inherent risks posed by the design and operation of the AI tool. MCMC considers this insufficient to prevent harm or ensure legal compliance,”it said in a statement yesterday. As a result, MCMC ordered the restriction on Grok’s access, effective Jan 11, describing the action as a preventive and proportionate measure while legal and regulatory processes continue. MCMC said the restriction will remain in place until X Corp and xAI LLC implement effective safeguards. It stressed that further engagement is possible if the companies can demonstrate full compliance with Malaysian law. It also urged the public to report harmful content via its official channels and to lodge police reports where necessary.

increasingly recognised worldwide as an effective tool for resolving family disputes and reducing the burden on courts. “In Australia, parties are generally required to attempt dispute resolution before filing for divorce, except in cases involving domestic violence. In the United Kingdom, a mediation information and assessment meeting (Miam) is a mandatory first step before most family court applications. “In Malaysia, judicial assisted mediation and Islamic court rulings offer negotiation avenues, but usage is voluntary and inconsistent.” Paramjothy suggests making mediation the default first step – except in abuse or emergency cases – to cut legal costs, reduce court backlogs and protect children. “For mediation to work, the government must ensure trained professional mediators, funded services, legal advice during mediation and strict adherence to agreements. Without these, mediation risks being a mere formality rather than a meaningful solution.” Paramjothy said making mediation the default approach shifts the focus from ‘winning’ an argument to managing a social transition with dignity, pragmatism and in the best interest of the child. “Courts should be the last resort. “Family breakdown is not a battle to be won. It is a transition that must be handled with care, keeping children at the heart of the process.”

Paramjothy said couples who wish to divorce should start by assessing their household finances in order to gauge whether maintaining two households is feasible. – AI-GENERATED IMAGE BY SYED AZAHAR SYED OSMAN/THESUN

practical challenges persist, he said. “Legal costs, court delays and difficulties in enforcing court orders often limit access for financially vulnerable parents. “When a spouse fails to comply with a court order, enforcement options include garnishee applications or contempt proceedings, but these measures can be lengthy and stressful.” Mediation, he added, is

helps Muslim women on divorce and child support issues, Suriana Welfare Association empowers single mothers from low-income households and Yayasan Chow Kit assists families in dire circumstances. “These organisations collectively help reduce the social and emotional impact of divorce by providing accessible support, counselling and legal guidance,” Paramjothy added. Despite these safeguards,

Understanding marriage dissolution in Malaysia under different laws PETALING JAYA: For couples

“Emotional and physical abuse, lack of legal knowledge and social stigma often trap couples in difficult relationships.” Sarainya also stressed the importance of pre-marriage counselling, both religious and legal, to prepare couples for the responsibilities of marriage and help them anticipate challenges, including the possibility of marital breakdown. Mediation has emerged as a practical tool for couples with limited finances, she added. “It provides a flexible, cost-effective way to resolve custody, child maintenance and living arrangements without the emotional and financial strain of prolonged litigation. Parents can negotiate arrangements based on actual caregiving and finances. “Shared custody schedules can reduce childcare costs, temporary housing can ease financial pressure and

recommended for those facing financial hardship. “The alternative is the single petition under Section 53, where one spouse applies for divorce while the other is made a respondent. This process often involves court hearings, sworn evidence and sometimes co respondents in cases of alleged adultery. Single petitions are more expensive, time-consuming and may take 12 to 18 months to finalise, with potential appeals to higher courts,” Sarainya added. She said financial concerns weigh heavily on couples contemplating divorce. “Many fear they cannot sustain two households, risk losing their home, face uncertain maintenance enforcement and disrupt their children’s stability.” However, she warns that money is not the only factor keeping couples in unhealthy marriages.

“Early consultation helps couples understand the procedures involved, including custody, child and spousal maintenance, and division of family assets. It also allows them to assess their finances, gather relevant documentation and avoid actions that may negatively affect their case or their children’s welfare.” Non-Muslim couples can pursue divorce in two ways under LRA 1976. “The first is the joint petition under Section 52, where both spouses agree on the terms of divorce. “This method requires only one lawyer and typically takes six to eight weeks, with a single court session to confirm the agreed terms before a High Court or Sessions Court judge,”she said. Couples may request an immediate decree nisi absolute (the final court order legally ending the marriage, making parties free to remarry) to expedite proceedings, a strategy widely