LEE MOK YING v. LEE WING

LEE MOK YING v. LEE WING

Applying the Livingstone‑Stallard/Rayden test to the marriage history, the court found repeated assaults, threats (including threats to use a hammer and a chopper), domination and conduct causing the wife to fear for her safety cumulatively made it unreasonable for her to live with the respondent; therefore the marriage had irretrievably broken down and a decree nisi was granted.

Citation
LEE MOK YING v. LEE WING
Parties
Petitioner: Lee Mok Ying; Respondent: Lee Wing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 November 1978
Case Number
HCMC25/1977
Procedural Posture
Divorce Jurisdiction / Judgment (decree Nisi)
Outcome
Decree nisi granted
Legal Topics
Irretrievable Breakdown, Behaviour as Ground for Divorce, Domestic Assault, Custody
Source Language
EN
Family Law Divorce Matrimonial Law Domestic Violence Irretrievable Breakdown Behaviour as Ground for Divorce Domestic Assault Custody

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Parties

Lee Mok Ying

Petitioner

Lee Wing

Respondent

Procedural Posture

Divorce Jurisdiction / Judgment (decree Nisi)

Legal Issues

  1. 1 Whether the respondent's behaviour was such that the petitioner cannot reasonably be expected to live with him
  2. 2 Whether the marriage has irretrievably broken down
  3. 3 Custody of the youngest child (practical issue raised though not contested)

Ratio Decidendi

Applying the Livingstone‑Stallard/Rayden test to the marriage history, the court found repeated assaults, threats (including threats to use a hammer and a chopper), domination and conduct causing the wife to fear for her safety cumulatively made it unreasonable for her to live with the respondent; therefore the marriage had irretrievably broken down and a decree nisi was granted.

Court Disposition

Decree nisi granted

Orders

  • Decree nisi granted.