PEMPETISYEN ONG MING THONG CHONG PHAIK AI

PEMPETISYEN ONG MING THONG CHONG PHAIK AI

Court found the marriage irretrievably broken under s54(1)(d) due to separation exceeding two years and, applying ss76,77,78,92 and 93 and relevant authorities, ordered property transfers reflecting contributions and third-party interests, rejected the RM2,000,000 lump sum claim as unreasonable, and awarded RM300,000 lump sum to respondent payable within one month plus RM5,000 monthly for seven years, child maintenance RM3,000 monthly until completion of studies, interim maintenance and costs as specified.

Citation
KA-33-178-08/2019 (Mahkamah Tinggi)
Parties
Petitioner (husband): Ong Ming Thong; Respondent (wife): Chong Phaik Ai
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 May 2025
Case Number
KA-33-178-08/2019 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition (law Reform (marriage and Divorce) Act 1976) / High Court Judgment; Petition Allowed and Decree Nisi Granted to Become Absolute After 3 Months
Outcome
Petition allowed; decree nisi granted and to become absolute after three months
Legal Topics
Divorce, Spousal Maintenance, Child Maintenance, Division of Matrimonial Assets (harta Sepencarian), Child Custody, Costs
Source Language
Malay/English
Family Law Matrimonial Law Property Law Child Welfare Civil Procedure Divorce Spousal Maintenance Child Maintenance +3 more

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Parties

Ong Ming Thong

Petitioner (husband)

Chong Phaik Ai

Respondent (wife)

Procedural Posture

Divorce Petition (law Reform (marriage and Divorce) Act 1976) / High Court Judgment; Petition Allowed and Decree Nisi Granted to Become Absolute After 3 Months

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down under s54(1)(d) LRA 1976
  2. 2 Quantum, form and duration of spousal maintenance under ss77 and 78
  3. 3 Child maintenance under ss92 and 93

Ratio Decidendi

Court found the marriage irretrievably broken under s54(1)(d) due to separation exceeding two years and, applying ss76,77,78,92 and 93 and relevant authorities, ordered property transfers reflecting contributions and third-party interests, rejected the RM2,000,000 lump sum claim as unreasonable, and awarded RM300,000 lump sum to respondent payable within one month plus RM5,000 monthly for seven years, child maintenance RM3,000 monthly until completion of studies, interim maintenance and costs as specified.

Court Disposition

Petition allowed; decree nisi granted and to become absolute after three months

Orders

  • Perkahwinan antara Pempetisyen dan Responden dibubarkan; Dekri Nisi diberikan dan menjadi mutlak selepas 3 bulan
  • Hartanah No.10, Taman Gunung Tahan Fasa 1 (rumah matrimonial) dipindah milik kepada Responden