PEMPETISYEN WONG EE HUNG LIM XIAO YING

PEMPETISYEN WONG EE HUNG LIM XIAO YING

The court found on the balance of probabilities that the parties had lived apart continuously since July 2016 and the marriage had irretrievably broken down under s54(1)(d); because the petitioner failed to make full and frank financial disclosure and there was evidence of asset dissipation, an adverse inference was drawn and the petitioner was held capable of paying maintenance; accordingly the court awarded maintenance (RM1,500 arrears from July 2016 and RM3,000 monthly from judgment), ordered payment of half the market value of the property within 3 months and payment of half the petitioner’s EPF within one month, and dismissed other damages claims.

Citation
PA-33-405-11/2018 (Mahkamah Tinggi)
Parties
Petitioner (husband): Wong Ee Hung; Respondent (wife): Lim Xiao Ying
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 March 2023
Case Number
PA-33-405-11/2018 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition Under Law Reform (marriage and Divorce) Act 1976 / Full Trial Judgment (decree Nisi Made Absolute)
Outcome
Marriage dissolved; decree nisi made absolute immediately.
Legal Topics
Irretrievable Breakdown (s54(1)(d)), Assessment of Maintenance (ss77 78), Asset Disclosure and Adverse Inference, Division of EPF, Transfer/payment for Property (clean Break), Claims for Damages Relating to Venereal Disease
Source Language
Malay/English
Family Law Divorce Maintenance Matrimonial Property Civil Procedure Irretrievable Breakdown (s54(1)(d)) Assessment of Maintenance (ss77 78) Asset Disclosure and Adverse Inference +3 more

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Parties

Wong Ee Hung

Petitioner (husband)

Lim Xiao Ying

Respondent (wife)

Procedural Posture

Divorce Petition Under Law Reform (marriage and Divorce) Act 1976 / Full Trial Judgment (decree Nisi Made Absolute)

Legal Issues

  1. 1 Whether the marriage had irretrievably broken down under s54(1)(d) LRA
  2. 2 Whether the respondent was entitled to maintenance and the appropriate amount under ss77 and 78 LRA
  3. 3 Whether petitioner must transfer half of EPF to respondent

Ratio Decidendi

The court found on the balance of probabilities that the parties had lived apart continuously since July 2016 and the marriage had irretrievably broken down under s54(1)(d); because the petitioner failed to make full and frank financial disclosure and there was evidence of asset dissipation, an adverse inference was drawn and the petitioner was held capable of paying maintenance; accordingly the court awarded maintenance (RM1,500 arrears from July 2016 and RM3,000 monthly from judgment), ordered payment of half the market value of the property within 3 months and payment of half the petitioner’s EPF within one month, and dismissed other damages claims.

Court Disposition

Marriage dissolved; decree nisi made absolute immediately.

Orders

  • Petitioner pays RM1,500.00 a month from July 2016 to the date of this judgment.
  • Respondent pays maintenance at the amount of RM3,000.00 a month from the date of this judgment.