PEMPETISYEN L O B H O B PIHAK YANG DINAMAKAN C O B

PEMPETISYEN L O B H O B PIHAK YANG DINAMAKAN C O B

On the balance of probabilities, with a higher degree of scrutiny for serious allegations, adultery between the Petitioner and Party-Cited was not established within the pleaded issues and in any event was tolerated by the Respondent; spousal maintenance and damages claims were dismissed for lack of proof and tolerance; the Petition for divorce was granted; child maintenance of MYR3,000 monthly and equal share of education/medical expenses ordered; joint guardianship but sole custody, care and control to Respondent; matrimonial assets divided with Petitioner receiving 20% overall (calculated per tables and years of contribution); DNA testing application dismissed for delay and lack of...

Citation
WA-33-592-12/2021 (Mahkamah Tinggi)
Parties
Petitioner: LOB; Respondent: HOB; Party Cited: COB
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 May 2025
Case Number
WA-33-592-12/2021 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition / Judgment (decree Nisi Made Absolute; Final Asset and Custody Orders)
Outcome
Divorce granted; decree nisi made absolute forthwith; spousal maintenance and damages claims dismissed; child maintenance and custody and asset division orders made; costs awarded
Legal Topics
Divorce, Spousal Maintenance, Child Maintenance, Adultery, Matrimonial Asset Division, Guardianship and Custody, Anonymity Orders, Costs, Dna/paternity Testing, Admissibility of Hearsay Evidence
Source Language
Malay/English
Family Law Matrimonial Law Evidence Child Custody Civil Procedure Divorce Spousal Maintenance Child Maintenance +7 more

Case Brief

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Parties

LOB

Petitioner

HOB

Respondent

COB

Party Cited

Procedural Posture

Divorce Petition / Judgment (decree Nisi Made Absolute; Final Asset and Custody Orders)

Legal Issues

  1. 1 Whether adultery by the Petitioner with the Party-Cited was proved and intolerable to the Respondent
  2. 2 Whether Respondent is entitled to spousal maintenance under the means and needs test and fault principle
  3. 3 Whether Petitioner should be ordered to undergo or submit the Child to DNA testing

Ratio Decidendi

On the balance of probabilities, with a higher degree of scrutiny for serious allegations, adultery between the Petitioner and Party-Cited was not established within the pleaded issues and in any event was tolerated by the Respondent; spousal maintenance and damages claims were dismissed for lack of proof and tolerance; the Petition for divorce was granted; child maintenance of MYR3,000 monthly and equal share of education/medical expenses ordered; joint guardianship but sole custody, care and control to Respondent; matrimonial assets divided with Petitioner receiving 20% overall (calculated per tables and years of contribution); DNA testing application dismissed for delay and lack of...

Court Disposition

Divorce granted; decree nisi made absolute forthwith; spousal maintenance and damages claims dismissed; child maintenance and custody and asset division orders made; costs awarded

Orders

  • Divorce granted and decree nisi made absolute forthwith
  • Petitioner to pay child maintenance of MYR3000 per month and to bear equal share of Son's education and medical expenses