Choi Hui Yan [No. K/P: 720322-10-5450] Lim Kean Tin [No. K/P: 741218-08-5405]

Choi Hui Yan [No. K/P: 720322-10-5450] Lim Kean Tin [No. K/P: 741218-08-5405]

The application to add Tee Kim Leng as co-respondent is allowed because statute and rules (s58 LRA and Rule 11) make it incumbent to join the alleged adulterer, joinder is necessary for complete adjudication, preliminary technical objections to the affidavit were not fatal, and at an interlocutory stage conflicts in affidavit evidence and sufficiency of proof of adultery should not be finally determined; the respondent may seek discharge of the co-respondent at the close of the petitioner's case under s58(3)(a).

Citation
BA-33-408-08/2020 (Mahkamah Tinggi)
Parties
Petitioner Wife: Choi Hui Yan; Respondent Husband: Lim Kean Tin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 December 2021
Case Number
BA-33-408-08/2020 (Mahkamah Tinggi)
Procedural Posture
Divorce (adultery) / Interlocutory Application to Add Co Respondent Under Order 15 R 6 ROC
Outcome
Application allowed
Legal Topics
Adultery, Joinder / Co Respondent, Amendment of Pleadings, Proof of Adultery, Affidavit Formalities, Statutory Duty Under S58 LRA
Source Language
Malay/English
Family Law Civil Procedure Evidence Adultery Joinder / Co Respondent Amendment of Pleadings Proof of Adultery Affidavit Formalities +1 more

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Parties

Choi Hui Yan

Petitioner Wife

Lim Kean Tin

Respondent Husband

Procedural Posture

Divorce (adultery) / Interlocutory Application to Add Co Respondent Under Order 15 R 6 ROC

Legal Issues

  1. 1 Whether petitioner may amend petition to add alleged adulterer as co-respondent
  2. 2 Whether delay and alleged mala fides bar joinder
  3. 3 Whether petitioner has adduced sufficient evidence of adultery at interlocutory stage

Ratio Decidendi

The application to add Tee Kim Leng as co-respondent is allowed because statute and rules (s58 LRA and Rule 11) make it incumbent to join the alleged adulterer, joinder is necessary for complete adjudication, preliminary technical objections to the affidavit were not fatal, and at an interlocutory stage conflicts in affidavit evidence and sufficiency of proof of adultery should not be finally determined; the respondent may seek discharge of the co-respondent at the close of the petitioner's case under s58(3)(a).

Court Disposition

Application allowed

Orders

  • Preliminary objections by respondent dismissed
  • Petitioner's application to add Tee Kim Leng as co-respondent is allowed