LIU CHU CHIC YEE v. LIU WAI AND ANOTHER

The court found the respondent’s adultery proved and that his overall conduct (cohabitation with another woman, assaults on the petitioner and intermittent failure to provide maintenance) made him unsuitable for custody; although some assaults occurred they did not amount to legal cruelty, and on the paramount ground of the child's welfare custody was awarded to the mother and a decree nisi granted for divorce.

Citation: LIU CHU CHIC YEE v. LIU WAI AND ANOTHER
Parties: Petitioner: Liu Chu Chic Yee; 1st Respondent: Liu Wai alias Liu Tai Wai alias David Liu; 2nd Respondent: Chan Lin Chun
Court: Court of First Instance
Jurisdiction: Hong Kong
Judgment Date: 29 October 1969
Case Number: HCMC4/1969
Procedural Posture: Divorce (family Law) / Judgment — Decree Nisi Granted
Outcome: Decree nisi of divorce granted on grounds of respondent's adultery; custody of the child awarded to the petitioner.
Legal Topics: Adultery, Cruelty, Child Custody, Maintenance, Cohabitation, Paternity
Source Language: EN

Family Law Divorce Adultery Cruelty Child Custody Maintenance Cohabitation Paternity

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Parties

Liu Chu Chic Yee

Petitioner

Liu Wai alias Liu Tai Wai alias David Liu

1st Respondent

Chan Lin Chun

2nd Respondent

Procedural Posture

Divorce (family Law) / Judgment — Decree Nisi Granted

Legal Issues

1 Whether adultery proved
2 Whether conduct amounted to cruelty
3 Who should be awarded custody of the child

Ratio Decidendi

Court Disposition

Decree nisi of divorce granted on grounds of respondent's adultery; custody of the child awarded to the petitioner.

Orders

Grant decree nisi of divorce on the grounds of the respondent's adultery.
Award custody of the child to the petitioner (mother).