Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Cruelty

  • 12 Jan 1979

    FRANCESCA BRUNIALTI SUAREZ v. JOSE FELIX SUAREZ

    Citation
    FRANCESCA BRUNIALTI SUAREZ v. JOSE FELIX SUAREZ
    Court
    Court of First Instance
    Case number
    HCMC22/1978

    On the balance of probabilities the court found most allegations to be exaggerated or unproven and that the only proved violent episode was a solitary assault on 27 January 1978 for which the husband was genuinely contrite; the proved incidents and their cumulative effect were insufficiently grave to satisfy the statutory test that the petitioner cannot reasonably be expected to live with the respondent, therefore the petition for dissolution is dismissed.

  • 8 Jan 1973

    FONG KONG SHING v. FONG NG CHUN HUNG AND ANOTHER

    Citation
    FONG KONG SHING v. FONG NG CHUN HUNG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMC11/1971

    Although the wife was found guilty of single act of adultery, the court held she was not disentitled to maintenance given the husband's greater blame for breakdown; the registrar assessed the husband's realistic net income at HK$1,500 per month, deducted admitted expenses, applied the one‑third rule with the wife's potential earnings of HK$250, and awarded maintenance of HK$150 per month payable during the joint lives of the parties or until further order.

  • 30 Nov 1972

    LO SHIN (or SIN) MEI v. CHEUNG (or CHANG) KWAI WAH

    Citation
    LO SHIN (or SIN) MEI v. CHEUNG (or CHANG) KWAI WAH
    Court
    District Court
    Case number
    DCCJ2229/1972

    The court held that the ceremony combined with subsequent cohabitation gave rise to a presumption of a valid marriage which the Defendant failed to rebut; therefore the Plaintiff was the Defendant's wife for purposes of Cap.16. The Defendant was found to have deserted the Plaintiff from 6 October 1970. On that basis the court awarded legal custody of two children to the Plaintiff and ordered monthly maintenance payments of HKD 200 to the Plaintiff and HKD 300 for the two children, payable through the Court Shroff on the 30th of each month.

  • 19 Sept 1972

    WAI CHIU MING v. WAI CHAN LAI JAM (or JAN)

    Citation
    WAI CHIU MING v. WAI CHAN LAI JAM (or JAN)
    Court
    Court of First Instance
    Case number
    HCA170/1971

    The court found the petitioner not a credible witness and his evidence insufficient to prove cruelty; conversely the respondent was credible and established acts of cruelty (two assaults) and that earlier condoned acts were revived by the petitioner's desertion and wilful neglect, entitling the respondent to a decree and maintenance.

  • 9 Aug 1972

    CHRISTIANE FRANCOISE LEE v. SHAO PING JAMES LEE

    Citation
    CHRISTIANE FRANCOISE LEE v. SHAO PING JAMES LEE
    Court
    Court of First Instance
    Case number
    HCA255/1971

    The court accepted the wife’s evidence, rejected the husband’s account, and found the husband’s sustained conduct — withdrawal of cohabitation, threats, withholding maintenance and conduct causing the wife severe nervous depression — amounted to legal cruelty; consequently the husband’s cross-petition for nullity was refused and a decree of judicial separation was granted to the wife.

  • 22 May 1972

    LAM YUNG TAK v. LAM TANG FUNG KAM

    Citation
    LAM YUNG TAK v. LAM TANG FUNG KAM
    Court
    Court of First Instance
    Case number
    HCA230/1971

    The Court found the Respondent's absence amounted to desertion because she left without lawful justification in the context of their relationship and the Petitioner's conduct did not reach the threshold of cruelty or constructive desertion; accordingly a decree was granted for the Petitioner for desertion and interim maintenance was awarded to the Respondent.

  • 26 Feb 1972

    JOAN GALLACHER ALEXANDER v. RONALD WILLIAM ALEXANDER

    Citation
    JOAN GALLACHER ALEXANDER v. RONALD WILLIAM ALEXANDER
    Court
    Court of First Instance
    Case number
    HCA267/1971

    The Court had jurisdiction under s.3(1) because the Petitioner had a substantial connexion with Hong Kong at the date of the petition; the Petitioner established cruelty as the ground for divorce; the Court therefore exercised its discretion to grant a decree nisi and permitted the decree to be made absolute forthwith.

  • 27 Mar 1971

    C v. C

    Citation
    C v. C
    Court
    Court of First Instance
    Case number
    HCMC184/1970

    Where a spouse persistently and without justification refuses sexual intercourse over a long period and that conduct has caused injury to the other spouse's health, the court will find cruelty justifying a decree; medical corroboration is desirable but not always fatal to the case if the court is satisfied on the evidence and the petitioner is credible.

  • 28 Nov 1970

    L v. L

    Citation
    L v. L
    Court
    Court of First Instance
    Case number
    HCMC50/1969

    Welfare of the children required they remain with the Respondent because they had lived with and been well cared for by him since infancy, the Respondent demonstrated suitability and stable accommodation, the Petitioner had delayed claiming custody and lived in less suitable crowded accommodation, and separation of the siblings would harm the children; accordingly custody awarded to Respondent and nominal maintenance to Petitioner.

  • 6 Jul 1970

    KWOK LAI KING WAH v. KWOK CHE KIN

    Citation
    KWOK LAI KING WAH v. KWOK CHE KIN
    Court
    Court of First Instance
    Case number
    HCMC106/1969

    Petitioner proved cruelty: respondent admitted absence of sexual intercourse attributable to him and the persistent conduct had impaired petitioner's health; there was insufficient concrete evidence to grant nullity based on the alleged prior 1947 marriage; custody awarded to the father as being in the children's best interests, with liberty to apply for custody and maintenance.