YUNG HO v. TSANG WING TONG

YUNG HO v. TSANG WING TONG

The plaintiff failed to prove persistent cruelty (the required matrimonial offence) on the evidence; because Section 3 of the Separation and Maintenance Orders Ordinance bars relief absent proof of such an offence, the plaintiff was not entitled to maintenance or other relief under that Ordinance in these proceedings, and the application was dismissed.

Citation
YUNG HO v. TSANG WING TONG
Parties
Plaintiff (married Woman): YUNG Ho; Defendant (male): TSANG Wing-tong
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 June 1972
Case Number
DCCJ7546/1971
Procedural Posture
Separation and Maintenance Proceedings With Custody Issues / Judgment (district Court)
Outcome
Plaintiff's application dismissed; no relief granted under the Separation and Maintenance Orders Ordinance; no custody order made in these proceedings.
Legal Topics
Persistent Cruelty, Infants Custody Ordinance, Separation and Maintenance Orders Ordinance, Proof of Matrimonial Offence, Costs and Taxation
Source Language
EN
Family Law Child Custody Maintenance Domestic Relations Persistent Cruelty Infants Custody Ordinance Separation and Maintenance Orders Ordinance Proof of Matrimonial Offence +1 more

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Parties

YUNG Ho

Plaintiff (married Woman)

TSANG Wing-tong

Defendant (male)

Procedural Posture

Separation and Maintenance Proceedings With Custody Issues / Judgment (district Court)

Legal Issues

  1. 1 Whether the defendant committed persistent cruelty to the plaintiff
  2. 2 Whether the plaintiff proved a matrimonial offence sufficient to obtain orders under the Separation and Maintenance Orders Ordinance
  3. 3 Whether the plaintiff is entitled to personal maintenance

Ratio Decidendi

The plaintiff failed to prove persistent cruelty (the required matrimonial offence) on the evidence; because Section 3 of the Separation and Maintenance Orders Ordinance bars relief absent proof of such an offence, the plaintiff was not entitled to maintenance or other relief under that Ordinance in these proceedings, and the application was dismissed.

Court Disposition

Plaintiff's application dismissed; no relief granted under the Separation and Maintenance Orders Ordinance; no custody order made in these proceedings.

Orders

  • Dismissal of the plaintiff's claims
  • Costs against the plaintiff to be taxed on Scale IV