PEMPETISYEN D ANNE JACINTA A/P W H DANAPALA SUNIL KUMAR VISHWAKARMA

PEMPETISYEN D ANNE JACINTA A/P W H DANAPALA SUNIL KUMAR VISHWAKARMA

Respondent was personally served, was given clear directions and time to file a reply and appoint counsel, but failed without explanation to attend the hearing; accordingly the court lawfully proceeded in his absence, accepted the petitioner's evidence and granted the Decree Nisi (made absolute) and ancillary orders in paragraph 35(i)-(vi).

Citation
BA-33-863-11/2023 (Mahkamah Tinggi)
Parties
Petitioner Wife: D ANNE JACINTA A/P W H DANAPALA; Respondent Husband: SUNIL KUMAR VISHWAKARMA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 March 2024
Case Number
BA-33-863-11/2023 (Mahkamah Tinggi)
Procedural Posture
Divorce (akta Membaharui Undang Undang (perkahwinan & Perceraian) 1976) / Appeal Against Decree Nisi Made Absolute; Grounds of Judgment at High Court
Outcome
Appeal dismissed; Decree Nisi confirmed and made absolute; ancillary reliefs granted as per paragraph 35(i)-(vi) of the petition
Legal Topics
Divorce, Decree Nisi, Decree Absolute, Custody, Child Maintenance, Property Division, Service of Process, Non Appearance
Source Language
Malay/English
Family Law Civil Procedure Divorce Decree Nisi Decree Absolute Custody Child Maintenance Property Division +2 more

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Parties

D ANNE JACINTA A/P W H DANAPALA

Petitioner Wife

SUNIL KUMAR VISHWAKARMA

Respondent Husband

Procedural Posture

Divorce (akta Membaharui Undang Undang (perkahwinan & Perceraian) 1976) / Appeal Against Decree Nisi Made Absolute; Grounds of Judgment at High Court

Legal Issues

  1. 1 Whether the court may proceed in the absence of the respondent and make the Decree Nisi absolute
  2. 2 Whether respondent's failure to file a reply and to attend court justified the grant of reliefs in paragraph 35(i)-(vi) of the petition
  3. 3 Whether ancillary orders sought (sale of property, repayment of loans, custody, maintenance and access) were properly awarded

Ratio Decidendi

Respondent was personally served, was given clear directions and time to file a reply and appoint counsel, but failed without explanation to attend the hearing; accordingly the court lawfully proceeded in his absence, accepted the petitioner's evidence and granted the Decree Nisi (made absolute) and ancillary orders in paragraph 35(i)-(vi).

Court Disposition

Appeal dismissed; Decree Nisi confirmed and made absolute; ancillary reliefs granted as per paragraph 35(i)-(vi) of the petition

Orders

  • Condo occupied by the Respondent to be sold forthwith and CIMB Bank loan for the purchase of the property to be fully repaid by the Respondent
  • Respondent ordered to repay in full forthwith the personal loan from Standard Chartered Bank