PEMPETISYEN SEK CHIA WEN CHUA KOK LUI

PEMPETISYEN SEK CHIA WEN CHUA KOK LUI

Court accepted petitioner’s evidence (including video) that husband’s infidelity was the primary cause of breakdown and that petitioner, having sacrificed employment to care for a sick child, is entitled to maintenance; maintenance determined by means and needs under s78 and apportioned responsibility; custody determined by child welfare and status quo, leading to retention of existing care arrangements; matrimonial contributions entitle petitioner to a share of assets and court declared KWSP contributions during marriage matrimonial and awarded 50% to petitioner; to achieve fairness court transferred Lot 1940 to petitioner rather than forcing sale of all assets.

Citation
DA-33-1-01/2022 (Mahkamah Tinggi)
Parties
Petitioner (wife): SEK CHIA WEN; Respondent (husband): CHUA KOK LUI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 October 2023
Case Number
DA-33-1-01/2022 (Mahkamah Tinggi)
Procedural Posture
Petition for Divorce (petisyen Perceraian) / Judgment (decision)
Outcome
Divorce granted and ancillary reliefs ordered as specified below.
Legal Topics
Divorce Decree, Wife Maintenance, Child Maintenance, Custody (care and Control), Division of Matrimonial Assets, Epf/kwsp as Matrimonial Asset
Source Language
Malay/English
Family Law Matrimonial Property Child Custody Maintenance/alimony Employment Provident Fund (kwsp) Divorce Decree Wife Maintenance Child Maintenance +3 more

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Parties

SEK CHIA WEN

Petitioner (wife)

CHUA KOK LUI

Respondent (husband)

Procedural Posture

Petition for Divorce (petisyen Perceraian) / Judgment (decision)

Legal Issues

  1. 1 Grounds for breakdown of marriage
  2. 2 Wife's entitlement to monthly maintenance and quantum
  3. 3 Appropriate guardian/custody of the children

Ratio Decidendi

Court accepted petitioner’s evidence (including video) that husband’s infidelity was the primary cause of breakdown and that petitioner, having sacrificed employment to care for a sick child, is entitled to maintenance; maintenance determined by means and needs under s78 and apportioned responsibility; custody determined by child welfare and status quo, leading to retention of existing care arrangements; matrimonial contributions entitle petitioner to a share of assets and court declared KWSP contributions during marriage matrimonial and awarded 50% to petitioner; to achieve fairness court transferred Lot 1940 to petitioner rather than forcing sale of all assets.

Court Disposition

Divorce granted and ancillary reliefs ordered as specified below.

Orders

  • Divorce (decree nisi to be made absolute) granted and made absolute with immediate effect (29.10.2023).
  • Respondent to pay petitioner monthly maintenance of MYR 3,200 beginning 7.11.2023 and thereafter on the 7th of each month into Malayan Banking Berhad account no. 1531-0428-1582 until petitioner remarries.