Veluppillai v Veluppillai & Ors

Veluppillai v Veluppillai & Ors

The wife's proposals for division of assets are fair and reasonable in light of the husband's extreme litigation misconduct, non-disclosure, and attempts to defeat her claims. The court draws adverse inferences as to undisclosed assets, awards the wife approximately 49.5% of the assets, makes a clean break order, awards her full costs, and imposes an extended civil restraint order against the husband.

Parties
Petitioner: Michael Veluppillai; First Respondent/applicant: Anushiya Veluppillai; Second Respondent: Sureka Veluppillai; Third Respondent: Arun Veluppillai; Fourth Respondent: AVSVSVMV Expert Solutions Ltd
Jurisdiction
England and Wales
Judgment Date
29 October 2015
Procedural Posture
Ancillary Relief (financial Remedy) Following Divorce / Final Judgment
Outcome
Application for ancillary relief granted in full to the wife; costs and civil restraint order made against the husband.
Legal Topics
Ancillary Relief, Financial Remedy, Non Disclosure of Assets, Costs Orders, Civil Restraint Orders
Family Law Ancillary Relief Financial Remedy Non Disclosure of Assets Costs Orders Civil Restraint Orders

Case Brief

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Parties

Michael Veluppillai

Petitioner

Anushiya Veluppillai

First Respondent/applicant

Sureka Veluppillai

Second Respondent

Arun Veluppillai

Third Respondent

AVSVSVMV Expert Solutions Ltd

Fourth Respondent

Procedural Posture

Ancillary Relief (financial Remedy) Following Divorce / Final Judgment

Legal Issues

  1. 1 Whether the wife is entitled to ancillary relief and in what amount
  2. 2 Whether the husband's conduct and non-disclosure should affect the outcome
  3. 3 Whether costs should be awarded against the husband

Ratio Decidendi

The wife's proposals for division of assets are fair and reasonable in light of the husband's extreme litigation misconduct, non-disclosure, and attempts to defeat her claims. The court draws adverse inferences as to undisclosed assets, awards the wife approximately 49.5% of the assets, makes a clean break order, awards her full costs, and imposes an extended civil restraint order against the husband.

Court Disposition

Application for ancillary relief granted in full to the wife; costs and civil restraint order made against the husband.

Orders

  • Transfer of 7 McKenzie Way, Epsom and 68 Poplar Road, Ashford to the wife
  • Wife retains Madathadi Rd, Vavuniya, Sri Lanka property