PEMPETISYEN TAN AIK LING HEAH LEE PENG

PEMPETISYEN TAN AIK LING HEAH LEE PENG

The husband failed to make full and frank financial disclosure; adverse inferences were drawn that his true means exceed the disclosed salary. Balancing the wife's demonstrated needs and the husband's means and conceded obligations, the court fixed interim personal maintenance for the wife at RM6,000 per month from March 2022 until decree nisi, ordered continuation of the car instalment for the respondent's use and continuation of the matrimonial home instalment, and ordered the husband to pay the daughter's education expenses in Japan when she pursues higher education.

Citation
PA-33-118-03/2020 (Mahkamah Tinggi)
Parties
Petitioner: Tan Aik Ling; Respondent: Heah Lee Peng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 February 2022
Case Number
PA-33-118-03/2020 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition Under the Law Reform (marriage and Divorce) Act 1976 / Interim Maintenance Application Pending Decree Nisi
Outcome
Application allowed in part
Legal Topics
Interim Maintenance, Child Maintenance, Financial Disclosure, Matrimonial Asset Preservation, Decree Nisi
Source Language
Malay/English
Family Law Matrimonial Law Civil Procedure Interim Maintenance Child Maintenance Financial Disclosure Matrimonial Asset Preservation Decree Nisi

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Parties

Tan Aik Ling

Petitioner

Heah Lee Peng

Respondent

Procedural Posture

Divorce Petition Under the Law Reform (marriage and Divorce) Act 1976 / Interim Maintenance Application Pending Decree Nisi

Legal Issues

  1. 1 Whether the respondent wife is entitled to interim maintenance pending decree nisi
  2. 2 Proper quantum of interim maintenance for spouse and child
  3. 3 Whether petitioner made full and frank financial disclosure and inferences to be drawn

Ratio Decidendi

The husband failed to make full and frank financial disclosure; adverse inferences were drawn that his true means exceed the disclosed salary. Balancing the wife's demonstrated needs and the husband's means and conceded obligations, the court fixed interim personal maintenance for the wife at RM6,000 per month from March 2022 until decree nisi, ordered continuation of the car instalment for the respondent's use and continuation of the matrimonial home instalment, and ordered the husband to pay the daughter's education expenses in Japan when she pursues higher education.

Court Disposition

Application allowed in part

Orders

  • Petitioner to pay respondent RM6,000.00 on or before the 5th day of each month as interim maintenance from March 2022 until the date decree nisi is granted
  • Petitioner to continue paying the monthly instalment for the car registered in the name of the respondent and for her use until the date decree nisi is obtained