PEMPETISYEN NARAYANI A/P MARIAPPEN 1. ) PUVANESVARAN A/L ARIKRISHNAN 2. ) JOTHI LETCHMEY A/P NOOKARAJOO

PEMPETISYEN NARAYANI A/P MARIAPPEN 1. ) PUVANESVARAN A/L ARIKRISHNAN 2. ) JOTHI LETCHMEY A/P NOOKARAJOO

On the balance of probabilities the Court found the marriage irretrievably broken down due to the First Respondent's cruelty, proven adultery with the Second Respondent, and constructive desertion by eviction; the child's welfare justified awarding sole custody to the Petitioner and denying overnight access; adverse inferences from non‑disclosure and objective evidence of credit facilities justified awarding child maintenance RM1,500/month and spousal maintenance RM300/month; EPF savings and the Matrimonial Home acquired during marriage are matrimonial assets subject to 50% division or transfer accordingly; damages to be assessed by the Registrar.

Citation
KA-33-86-12/2023 (Mahkamah Tinggi)
Parties
Petitioner: NAM; First Respondent: PAA; Second Respondent: JLN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 October 2025
Case Number
KA-33-86-12/2023 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition (law Reform (marriage and Divorce) Act 1976) / After Trial — Final Judgment (decree Nisi Made Absolute Immediately)
Outcome
Petition allowed in full; dissolution granted and ancillary relief awarded to Petitioner
Legal Topics
Divorce, Cruelty and Domestic Violence, Adultery (s58 Lra), Constructive Desertion, Child Custody and Access, Child Maintenance (s92, S93 Lra), Spousal Maintenance (s78 Lra), Division of Matrimonial Assets (s76 Lra), EPF Division (s53 a EPF Act 1991), Damages and Exemplary Damages
Source Language
Malay/English
Family Law Matrimonial Law Child Custody and Welfare Domestic Violence Property Law Employment/benefits Law (epf) Divorce Cruelty and Domestic Violence +8 more

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Parties

NAM

Petitioner

PAA

First Respondent

JLN

Second Respondent

Procedural Posture

Divorce Petition (law Reform (marriage and Divorce) Act 1976) / After Trial — Final Judgment (decree Nisi Made Absolute Immediately)

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down due to cruelty, adultery and/or desertion
  2. 2 Whether allegations of adultery against the First and Second Respondents are proven
  3. 3 Whether the Petitioner is entitled to sole custody and whether overnight access is appropriate

Ratio Decidendi

On the balance of probabilities the Court found the marriage irretrievably broken down due to the First Respondent's cruelty, proven adultery with the Second Respondent, and constructive desertion by eviction; the child's welfare justified awarding sole custody to the Petitioner and denying overnight access; adverse inferences from non‑disclosure and objective evidence of credit facilities justified awarding child maintenance RM1,500/month and spousal maintenance RM300/month; EPF savings and the Matrimonial Home acquired during marriage are matrimonial assets subject to 50% division or transfer accordingly; damages to be assessed by the Registrar.

Court Disposition

Petition allowed in full; dissolution granted and ancillary relief awarded to Petitioner

Orders

  • Dissolution of marriage between NAM (Petitioner) and PAA (First Respondent) solemnised 15.02.2010; Decree Nisi made absolute immediately
  • Sole guardianship, custody, care and control of the child KA (born 2011) granted to the Petitioner