PEMPETISYEN LEE SEE MENG 1. ) CHONGKHEEDDEE CIRIKWONG A/L SENGLAI 2. ) Orakarn Kanthong

PEMPETISYEN LEE SEE MENG 1. ) CHONGKHEEDDEE CIRIKWONG A/L SENGLAI 2. ) Orakarn Kanthong

On the evidence (surveillance reports, photographic/video material, and the husband’s admissions) the court was satisfied on a balance of probabilities, to a higher degree required for adultery allegations, that the respondent husband committed adultery with the 2nd respondent and that this caused the irretrievable breakdown of the marriage; petitioner did not abandon the marriage. Consequent orders: divorce granted, joint guardianship with sole custody to petitioner, phased access to father, child maintenance increased to RM1,200/month plus arrears RM4,250, equal division of matrimonial property with petitioner’s half preserved for the child, award of RM150,000 damages and RM20,000 costs...

Citation
BA-33-50-02/2021 (Mahkamah Tinggi)
Parties
Petitioner Wife: Lee See Meng; Respondent Husband: Chongkheeddee Cirikwong a/l Senglai; 2nd Respondent: Orakarn Kathang (Thai Passport AB1043297)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 June 2025
Case Number
BA-33-50-02/2021 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition (law Reform (marriage & Divorce) Act 1976) / Judgment at Trial (decree Nisi Ordered Made Absolute)
Outcome
Judgment for Petitioner wife. Divorce granted and decree nisi ordered made absolute; petitioner awarded custody, maintenance, property share, damages and costs as ordered.
Legal Topics
Division of Matrimonial Assets Under S76 LRA 1976, Damages Against Co Respondent for Adultery (s58/s59), Child Guardianship, Custody and Phased Access, Admissibility of Surveillance and Part C Documents, Assessment and Variation of Child Maintenance, Burden and Standard of Proof for Adultery
Source Language
Malay/English
Family Law Matrimonial Property Child Custody Maintenance Adultery Evidence Law Division of Matrimonial Assets Under S76 LRA 1976 Damages Against Co Respondent for Adultery (s58/s59) +4 more

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Parties

Lee See Meng

Petitioner Wife

Chongkheeddee Cirikwong a/l Senglai

Respondent Husband

Orakarn Kathang (Thai Passport AB1043297)

2nd Respondent

Procedural Posture

Divorce Petition (law Reform (marriage & Divorce) Act 1976) / Judgment at Trial (decree Nisi Ordered Made Absolute)

Legal Issues

  1. 1 Whether marriage breakdown was caused by adultery or petitioner’s unreasonable behaviour
  2. 2 Admissibility and weight of surveillance evidence and witness admissions
  3. 3 Entitlement to damages against the co-respondent for adultery

Ratio Decidendi

On the evidence (surveillance reports, photographic/video material, and the husband’s admissions) the court was satisfied on a balance of probabilities, to a higher degree required for adultery allegations, that the respondent husband committed adultery with the 2nd respondent and that this caused the irretrievable breakdown of the marriage; petitioner did not abandon the marriage. Consequent orders: divorce granted, joint guardianship with sole custody to petitioner, phased access to father, child maintenance increased to RM1,200/month plus arrears RM4,250, equal division of matrimonial property with petitioner’s half preserved for the child, award of RM150,000 damages and RM20,000 costs...

Court Disposition

Judgment for Petitioner wife. Divorce granted and decree nisi ordered made absolute; petitioner awarded custody, maintenance, property share, damages and costs as ordered.

Orders

  • Divorce granted; decree nisi ordered made absolute immediately
  • Both parties to have joint guardianship of the child; sole custody, care and control vested in the petitioner wife