CHAU LAM YUK SUNG v. CHAU TAI PAY

CHAU LAM YUK SUNG v. CHAU TAI PAY

The husband's pattern of physical assault, sexual coercion, forced ingestion of medication, interference with the wife's employment, refusal to support and incidents of property damage, together with the parties living apart for over five years, established irretrievable breakdown and behaviour such that the wife could not reasonably be expected to endure cohabitation; decree nisi granted.

Citation
CHAU LAM YUK SUNG v. CHAU TAI PAY
Parties
Petitioner (wife): Chau Lam Yuk Sung; Respondent (husband): Chau Tai Pay
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 December 1979
Case Number
HCMC20/1978
Procedural Posture
Divorce (irretrievable Breakdown) / Decree Nisi Granted
Outcome
Decree nisi of divorce granted
Legal Topics
Irretrievable Breakdown, Unreasonable Behaviour/cruelty, Cohabitation, Separation, Custody, Periodical Payments
Source Language
EN
Family Law Matrimonial Causes Domestic Violence Irretrievable Breakdown Unreasonable Behaviour/cruelty Cohabitation Separation Custody +1 more

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Parties

Chau Lam Yuk Sung

Petitioner (wife)

Chau Tai Pay

Respondent (husband)

Procedural Posture

Divorce (irretrievable Breakdown) / Decree Nisi Granted

Legal Issues

  1. 1 Whether the marriage had broken down irretrievably
  2. 2 Whether the husband's conduct constituted behaviour such that the wife could not reasonably be expected to endure cohabitation
  3. 3 Whether five years' separation satisfied s.11A(1) of the Matrimonial Causes Ordinance

Ratio Decidendi

The husband's pattern of physical assault, sexual coercion, forced ingestion of medication, interference with the wife's employment, refusal to support and incidents of property damage, together with the parties living apart for over five years, established irretrievable breakdown and behaviour such that the wife could not reasonably be expected to endure cohabitation; decree nisi granted.

Court Disposition

Decree nisi of divorce granted

Orders

  • Custody matters adjourned to Chambers
  • Periodical payments adjourned to the Registrar