SOON KOK THIAM TEE YOKE POH

SOON KOK THIAM TEE YOKE POH

Appeal dismissed because appellant failed to prove either disqualifying conduct under s5(2) or a sufficient change in financial circumstances under s6 to rescind or reduce the RM4,000 monthly maintenance order; evidence indicated appellant had means to pay and failed to disclose income fully, thus magistrate's order was upheld with costs against appellant.

Citation
BL-11B-2-04/2021 (Mahkamah Tinggi)
Parties
Appellant/defendan: Soon Kok Thiam; Respondent/plaintif: Tee Yoke Poh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 September 2021
Case Number
BL-11B-2-04/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (maintenance) / High Court Appeal Against Magistrate's Decision
Outcome
Appeal dismissed
Legal Topics
Variation of Maintenance, Disentitlement to Maintenance (adultery/refusal to Live Together), Application of Sections 5(2) and 6 of Akta Perempuan Bersuami Dan Kanak Kanak (penyenggaraan) 1950
Source Language
Malay/English
Family Law Maintenance Civil Procedure Variation of Maintenance Disentitlement to Maintenance (adultery/refusal to Live Together) Application of Sections 5(2) and 6 of Akta Perempuan Bersuami Dan Kanak Kanak (penyenggaraan) 1950

Case Brief

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Parties

Soon Kok Thiam

Appellant/defendan

Tee Yoke Poh

Respondent/plaintif

Procedural Posture

Civil Appeal (maintenance) / High Court Appeal Against Magistrate's Decision

Legal Issues

  1. 1 Whether the wife is disentitled to maintenance under Section 5(2) (adultery or unreasonable refusal to live with husband)
  2. 2 Whether the maintenance order should be rescinded or varied under Section 6 for change in circumstances
  3. 3 Whether the appellant proved a sufficient change in financial circumstances and disclosed income to justify reduction/cancellation

Ratio Decidendi

Appeal dismissed because appellant failed to prove either disqualifying conduct under s5(2) or a sufficient change in financial circumstances under s6 to rescind or reduce the RM4,000 monthly maintenance order; evidence indicated appellant had means to pay and failed to disclose income fully, thus magistrate's order was upheld with costs against appellant.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Magistrate's maintenance order of RM4,000 per month dated 25 February 2020 upheld