PEMPETISYEN CHOW KHOON CHOONG LOI HOI WAI PIHAK KETIGA LIOU WING SAN

PEMPETISYEN CHOW KHOON CHOONG LOI HOI WAI PIHAK KETIGA LIOU WING SAN

The marriage was dissolved (decree nisi) under s54(1)(d) LRA because the parties had lived apart for a continuous period exceeding two years and reconciliation failed; primary cause of breakdown was the PH’s unreasonable and abusive conduct corroborated by police reports and witnesses; custody and care and control vested in RW with joint guardianship; child maintenance increased to RM4,000 monthly until completion of first degree and education funding ordered (PH pays local university costs; overseas private costs shared equally); spousal maintenance of RM4,000 monthly maintained; matrimonial real properties ordered sold with proceeds divided equally; RW awarded 10% of value in other...

Citation
BA-33-244-04/2019 (Mahkamah Tinggi)
Parties
Petitioner Husband: Chow Khoon Choong; Respondent Wife: Loi Hoi Wai; Co Respondent/party Cited: Liou Wing San
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 January 2025
Case Number
BA-33-244-04/2019 (Mahkamah Tinggi)
Procedural Posture
Divorce / Judgment
Outcome
Decree nisi granted dissolving the marriage; ancillary reliefs granted as ordered below
Legal Topics
Divorce, Spousal Maintenance, Child Maintenance, Asset Division, Domestic Violence, Education Expenses, EPF Distribution, Consent Order, Expert Valuation
Source Language
Malay/English
Family Law Matrimonial Property Maintenance Child Custody Divorce Spousal Maintenance Child Maintenance Asset Division +5 more

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Parties

Chow Khoon Choong

Petitioner Husband

Loi Hoi Wai

Respondent Wife

Liou Wing San

Co Respondent/party Cited

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 whether marriage irretrievably broken and on what basis
  2. 2 guardianship, custody, care and control of the child and terms of access
  3. 3 child maintenance and education expenses

Ratio Decidendi

The marriage was dissolved (decree nisi) under s54(1)(d) LRA because the parties had lived apart for a continuous period exceeding two years and reconciliation failed; primary cause of breakdown was the PH’s unreasonable and abusive conduct corroborated by police reports and witnesses; custody and care and control vested in RW with joint guardianship; child maintenance increased to RM4,000 monthly until completion of first degree and education funding ordered (PH pays local university costs; overseas private costs shared equally); spousal maintenance of RM4,000 monthly maintained; matrimonial real properties ordered sold with proceeds divided equally; RW awarded 10% of value in other...

Court Disposition

Decree nisi granted dissolving the marriage; ancillary reliefs granted as ordered below

Orders

  • Paragraphs 1,2 and 3 of Consent Order dated 22.10.2018 reaffirmed: joint guardianship; sole custody, care and control to RW; reasonable access to PH
  • PH to pay child maintenance of RM4,000 per month to MCZ until completion of her first degree (Section 95 LRA)