JOHN ANDREW DRISCOLL LAIN-LAIN 1. ) VENY PURNAMA 2. ) LIM CHOOI NAI

JOHN ANDREW DRISCOLL LAIN-LAIN 1. ) VENY PURNAMA 2. ) LIM CHOOI NAI

The court upheld sale of the jointly registered matrimonial property with proceeds divided equally as fair given respondent funded purchase but an agreed half share existed, and because both parties lack permanent residency making retention impractical; the claim against the co-respondent was dismissed because...

Source-derived case information.

Citation
PA-33-321-09/2017 (Mahkamah Tinggi)
Parties
PETITIONER: VENY PURNAMA; RESPONDENT: JOHN ANDREW DRISCOLL; CO RESPONDENT: LIM CHOOI NAI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
PA-33-321-09/2017 (Mahkamah Tinggi)
Procedural Posture
Divorce (petition Under Law Reform (marriage and Divorce) Act 1976) / High Court Judgment on Appeals and Reasons Delivered
Outcome
Original High Court orders upheld; petitioner’s appeals dismissed; respondent’s appeals dismissed; judgment confirms divorce, custody, maintenance, education fund and costs orders
Legal Topics
Adultery, Condonation, Lump Sum Maintenance, Education Expenses, Division of Matrimonial Property, Access/visitation, Costs, Third Party Liability
Family Law Matrimonial Law Child Custody Maintenance Property Division Adultery Condonation Lump Sum Maintenance +5 more

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Summary, issues, holding and outcome

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Parties

VENY PURNAMA

PETITIONER

JOHN ANDREW DRISCOLL

RESPONDENT

LIM CHOOI NAI

CO RESPONDENT

Procedural Posture

Divorce (petition Under Law Reform (marriage and Divorce) Act 1976) / High Court Judgment on Appeals and Reasons Delivered

Legal Issues

  1. 1 Whether the matrimonial property should be sold and proceeds divided equally
  2. 2 Whether the claim against the co-respondent for contribution to breakdown of marriage should succeed
  3. 3 Whether respondent should have overnight access to the child

Ratio Decidendi

The court upheld sale of the jointly registered matrimonial property with proceeds divided equally as fair given respondent funded purchase but an agreed half share existed, and because both parties lack permanent residency making retention impractical; the claim against the co-respondent was dismissed because adultery causation was not proved and petitioner had condoned the relationship; access was limited to non‑overnight visits due to concerns for the child’s welfare given the respondent’s living arrangements and volatile relationship with co-respondent; petitioner entitled to maintenance determined by means and needs—RM5,000 per month for seven years payable as a lump sum of...

Court Disposition

Original High Court orders upheld; petitioner’s appeals dismissed; respondent’s appeals dismissed; judgment confirms divorce, custody, maintenance, education fund and costs orders

Orders

  • Divorce granted; decree absolute to be in one month from decree nisi
  • Custody, care and control of child Sean Ryan Driscoll granted to petitioner; respondent granted reasonable access without overnight stays