PEMPETISYEN VASUDEVAN A/L RENGASAMY V.TAMIZHARASI A/P N.VEERAGOO

PEMPETISYEN VASUDEVAN A/L RENGASAMY V.TAMIZHARASI A/P N.VEERAGOO

On the balance of probabilities the petitioner has capacity to pay (court found average monthly income circa RM5,000 and petitioner failed to prove permanent incapacity); therefore petitioner ordered to pay RM1,000 monthly to respondent and RM1,000 monthly for the minor child from date of respondent's counter-petition. The Taman Rekamas property is a matrimonial asset to be retained in registered joint names but sale was refused at this stage to avoid displacing dependent respondent and child without adequate alternative accommodation or proposals from petitioner. Rumah Taman Mohd Yassin and Rumah Taman Seladang are not matrimonial assets and remain with their registered owners. Movable...

Citation
JA-33-271-08/2020 (Mahkamah Tinggi)
Parties
Petitioner: Vasudevan a/l Rengasamy; Respondent First: V. Tamizharasi a/p N. Veeragoo; Respondent Second: Mala a/p Bhaskaran
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 April 2023
Case Number
JA-33-271-08/2020 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition Under Law Reform (marriage and Divorce) Act 1976 / High Court Judgment After Full Hearing; Petitioner Filed Notice of Appeal Against Maintenance and Division of Matrimonial Assets Orders
Outcome
Decree of divorce granted; custody, maintenance and property orders as specified below; claim against third party for adultery dismissed; costs to be borne by respective parties
Legal Topics
Divorce Decree, Child Custody, Spousal Maintenance, Child Maintenance, Division of Matrimonial Assets, Damages for Adultery, Indefeasibility of Title, Burden of Proof
Source Language
Malay/English
Family Law Maintenance Law Property Law (matrimonial Assets) Evidence Law Land Law Divorce Decree Child Custody Spousal Maintenance +5 more

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Parties

Vasudevan a/l Rengasamy

Petitioner

V. Tamizharasi a/p N. Veeragoo

Respondent First

Mala a/p Bhaskaran

Respondent Second

Procedural Posture

Divorce Petition Under Law Reform (marriage and Divorce) Act 1976 / High Court Judgment After Full Hearing; Petitioner Filed Notice of Appeal Against Maintenance and Division of Matrimonial Assets Orders

Legal Issues

  1. 1 Whether petitioner is liable to pay maintenance to wife and to the minor child
  2. 2 Appropriate quantum and commencement date of maintenance
  3. 3 Whether disputed immovable properties constitute matrimonial assets and whether sale/division is appropriate

Ratio Decidendi

On the balance of probabilities the petitioner has capacity to pay (court found average monthly income circa RM5,000 and petitioner failed to prove permanent incapacity); therefore petitioner ordered to pay RM1,000 monthly to respondent and RM1,000 monthly for the minor child from date of respondent's counter-petition. The Taman Rekamas property is a matrimonial asset to be retained in registered joint names but sale was refused at this stage to avoid displacing dependent respondent and child without adequate alternative accommodation or proposals from petitioner. Rumah Taman Mohd Yassin and Rumah Taman Seladang are not matrimonial assets and remain with their registered owners. Movable...

Court Disposition

Decree of divorce granted; custody, maintenance and property orders as specified below; claim against third party for adultery dismissed; costs to be borne by respective parties

Orders

  • Decree dissolving marriage granted and custody, control and care of minor child Darven a/l Vasudevan awarded to respondent with petitioner granted reasonable access
  • Petitioner ordered to pay monthly maintenance of RM1,000.00 to respondent commencing from date Petisyen Balas was filed