LSC v. PKH

LSC v. PKH

The husband’s conduct, notably the May 30 2006 incident involving attempts to force entry with an iron rod, significant damage to the cubicle door, a threatening notice posted on the door, the obtaining of a non-molestation order and related conduct, amount to unreasonable behaviour such that the wife cannot reasonably be expected to live with him; decree nisi of divorce is granted on that ground.

Citation
LSC v. PKH
Parties
Petitioner: LSC; Respondent: PKH
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
8 January 2008
Case Number
FCMC4957/2006
Procedural Posture
Matrimonial Causes (divorce) / Judgment (decree Nisi)
Outcome
Decree nisi granted based on husband's unreasonable behaviour; costs awarded to petitioner.
Legal Topics
Unreasonable Behaviour, Divorce, Child Welfare, Maintenance, Non Molestation Injunction
Source Language
EN
Family Law Matrimonial Law Domestic Violence Unreasonable Behaviour Divorce Child Welfare Maintenance Non Molestation Injunction

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Parties

LSC

Petitioner

PKH

Respondent

Procedural Posture

Matrimonial Causes (divorce) / Judgment (decree Nisi)

Legal Issues

  1. 1 Whether the husband behaved such that the wife cannot reasonably be expected to live with him (unreasonable behaviour)
  2. 2 Alternative claim for leave to issue petition based on two years separation

Ratio Decidendi

The husband’s conduct, notably the May 30 2006 incident involving attempts to force entry with an iron rod, significant damage to the cubicle door, a threatening notice posted on the door, the obtaining of a non-molestation order and related conduct, amount to unreasonable behaviour such that the wife cannot reasonably be expected to live with him; decree nisi of divorce is granted on that ground.

Court Disposition

Decree nisi granted based on husband's unreasonable behaviour; costs awarded to petitioner.

Orders

  • Decree nisi of divorce granted.
  • Husband to pay wife's costs of and incidental to the suit on a party and party basis to be taxed if not agreed, including any costs reserved.