PEMPETISYEN PREMGANESH A/L DR K GANAISAN 1. ) NAGALETCHUMY A/P THANGARASU 2. ) Lee Shir Min PENCELAH ALAI SUNDRAM @ BALASARASWATHY A/P SUPPIAH

PEMPETISYEN PREMGANESH A/L DR K GANAISAN 1. ) NAGALETCHUMY A/P THANGARASU 2. ) Lee Shir Min PENCELAH ALAI SUNDRAM @ BALASARASWATHY A/P SUPPIAH

The application was allowed because the petitioner’s separation ground established entitlement to divorce and an inquiry into an adultery allegation against LSM, when no claim for damages was made, would be frivolous, cause undue delay and run counter to the legislative policy to avoid reopening past conduct; accordingly the claim against LSM was struck out and costs awarded.

Citation
BA-33-279-05/2021 (Mahkamah Tinggi)
Parties
Petitioner (husband): PREMGANESH A/L DR K GANAISAN; First Respondent (wife): NAGALETCHUMY A/P THANGARASU; Second Respondent (alleged Adulteress): LEE SHIR MING
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2022
Case Number
BA-33-279-05/2021 (Mahkamah Tinggi)
Procedural Posture
Divorce (matrimonial) / Interlocutory Striking‑out Application
Outcome
Application allowed
Legal Topics
Adultery, Strike Out Application, Rules of Court 2012, Law Reform (marriage & Divorce) Act 1976
Source Language
Malay/English
Family Law Civil Procedure Matrimonial Law Adultery Strike Out Application Rules of Court 2012 Law Reform (marriage & Divorce) Act 1976

Case Brief

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Parties

PREMGANESH A/L DR K GANAISAN

Petitioner (husband)

NAGALETCHUMY A/P THANGARASU

First Respondent (wife)

LEE SHIR MING

Second Respondent (alleged Adulteress)

Procedural Posture

Divorce (matrimonial) / Interlocutory Striking‑out Application

Legal Issues

  1. 1 Whether allegation of adultery against a third party must be inquired into when divorce is established on separation ground
  2. 2 Whether claim against alleged adulteress is frivolous or an abuse and liable to be struck out under O18 r19(1)(a) and O92 r4 ROC
  3. 3 Whether it is premature to strike out because respondent may later amend to claim damages

Ratio Decidendi

The application was allowed because the petitioner’s separation ground established entitlement to divorce and an inquiry into an adultery allegation against LSM, when no claim for damages was made, would be frivolous, cause undue delay and run counter to the legislative policy to avoid reopening past conduct; accordingly the claim against LSM was struck out and costs awarded.

Court Disposition

Application allowed

Orders

  • Claim against second respondent Lee Shir Ming struck out
  • Costs awarded to Lee Shir Ming in the sum of RM5,000.00