Malaysia Family Law / Divorce Law |
Must-Read for Divorce Evidence❗A Complete Guide to WhatsApp Chats and Travel Records

In legal proceedings, when the other party cannot be found or has special circumstances, the preservation of evidence and making police reports are particularly important. The key points are as follows:

1. Preservation of Evidence

All records related to attempts to locate the other party should be properly preserved, such as:
📌 WhatsApp, SMS, or email records
📌 Call logs and messaging records
📌 Social media postings regarding search efforts

These materials help demonstrate that reasonable efforts have been made to locate the person, supporting an application for “special circumstances.”

2. Importance of Police Reports

📌 If the person is missing, filing a police report is necessary
📌 A report helps prove that the situation is genuine
📌 Filing a false report constitutes a criminal offence and may result in legal consequences
📌 A proper report increases credibility and shows that maximum efforts have been made

3. Regarding Mental Illness

📌 If the other party is unable to participate due to mental illness, this may also constitute a “special circumstance”
📌 However, official proof must be provided, such as medical reports confirming the condition
📌 If the person is receiving treatment in a psychiatric hospital or medical institution:
    must prove that they are indeed receiving treatment there
    including official records from government or private institutions

⚠️ Note: verbal statements or assumptions are not valid evidence; courts require objective and verifiable documentation.

Summary

📌 All records related to locating the other party should be preserved
📌 Missing persons cases should be reported promptly to ensure credibility
📌 Mental illness or treatment status must be supported by official documentation
📌 Complete evidence and proper documentation are key to the court’s recognition of “special circumstances”
Maintaining complete evidence and filing lawful police reports are essential steps in protecting one’s rights and ensuring smooth legal proceedings.

 
 

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