LOK v. LOK

LOK v. LOK

The petitioner failed to prove legal cruelty as there was no evidence of injury or reasonable apprehension of injury and the conduct was not so grave as to render cohabitation virtually impossible; petition dismissed. Nonetheless, under s.46(1)(a) the court exercised jurisdiction to allocate custody preserving the...

Source-derived case information.

Citation
LOK v. LOK
Parties
Petitioner (wife): Petitioner (Mrs Lok); Respondent (husband): Respondent (Mr Lok)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 May 1970
Case Number
HCMC104/1968
Procedural Posture
Divorce / Judgment (trial)
Outcome
Petition dismissed for failure to prove cruelty; court ordered custody and maintenance for children under statutory power
Legal Topics
Cruelty, Child Custody Allocation, Spousal Conduct, Costs, Maintenance Orders
Source Language
en
Family Law Matrimonial Law Child Custody Maintenance Cruelty Child Custody Allocation Spousal Conduct Costs +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Petitioner (Mrs Lok)

Petitioner (wife)

Respondent (Mr Lok)

Respondent (husband)

Procedural Posture

Divorce / Judgment (trial)

Legal Issues

  1. 1 Whether the respondent's conduct amounted to legal cruelty justifying divorce
  2. 2 Custody of three children and their best interests
  3. 3 Appropriate maintenance payment for youngest child

Ratio Decidendi

The petitioner failed to prove legal cruelty as there was no evidence of injury or reasonable apprehension of injury and the conduct was not so grave as to render cohabitation virtually impossible; petition dismissed. Nonetheless, under s.46(1)(a) the court exercised jurisdiction to allocate custody preserving the children's welfare: eldest and youngest to petitioner, middle child to respondent, and ordered maintenance of $80/month for the youngest. Costs to be taxed under Legal Aid Regulations.

Court Disposition

Petition dismissed for failure to prove cruelty; court ordered custody and maintenance for children under statutory power

Orders

  • Petition dismissed
  • Custody of eldest child (Lok Wai Leung) to petitioner