PEMPETISYEN A I L G E N

PEMPETISYEN A I L G E N

The Petition is allowed and the Cross‑Petition dismissed because the Respondent was bound by his own pleading for divorce and the court was satisfied the marriage had irretrievably broken down under sections 53 and 54(1)(b) (notably a violent incident where the Respondent brandished a knife and prolonged separation); the Petitioner was awarded sole guardianship, custody, care and control of the child because the child's welfare was paramount and the child was settled in the Petitioner’s care; the Respondent was granted specified access to protect the child's welfare while enabling paternal contact.

Citation
WA-33-9-01/2018 (Mahkamah Tinggi)
Parties
Petitioner: AIL; Respondent: GEN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 November 2022
Case Number
WA-33-9-01/2018 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition Under the Law Reform (marriage & Divorce) Act 1976 / Judgment (4 February 2023)
Outcome
Petition allowed; Cross‑Petition dismissed; divorce granted; Petitioner awarded sole guardianship custody care and control of the child; Respondent granted access as ordered; costs awarded to Petitioner.
Legal Topics
Irretrievable Breakdown of Marriage, Proof Under Sections 53 and 54, Welfare of the Child Principle, Access and Visitation Schedule, Pleadings Binding Parties
Source Language
Malay/English
Family Law Divorce Child Custody Guardianship Matrimonial Property Irretrievable Breakdown of Marriage Proof Under Sections 53 and 54 Welfare of the Child Principle +2 more

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Parties

AIL

Petitioner

GEN

Respondent

Procedural Posture

Divorce Petition Under the Law Reform (marriage & Divorce) Act 1976 / Judgment (4 February 2023)

Legal Issues

  1. 1 Whether Petitioner entitled to a divorce
  2. 2 Whether marriage irretrievably broken down under s53 and s54(1)(b)
  3. 3 Whether Petitioner should be granted sole guardianship custody care and control of the child

Ratio Decidendi

The Petition is allowed and the Cross‑Petition dismissed because the Respondent was bound by his own pleading for divorce and the court was satisfied the marriage had irretrievably broken down under sections 53 and 54(1)(b) (notably a violent incident where the Respondent brandished a knife and prolonged separation); the Petitioner was awarded sole guardianship, custody, care and control of the child because the child's welfare was paramount and the child was settled in the Petitioner’s care; the Respondent was granted specified access to protect the child's welfare while enabling paternal contact.

Court Disposition

Petition allowed; Cross‑Petition dismissed; divorce granted; Petitioner awarded sole guardianship custody care and control of the child; Respondent granted access as ordered; costs awarded to Petitioner.

Orders

  • Cross‑Petition dismissed
  • Petition allowed and decree nisi made absolute immediately (divorce granted)