PEMPETISYEN TAN SHEE PENG LEE BEE AI

PEMPETISYEN TAN SHEE PENG LEE BEE AI

Petitioner failed to prove serious or repeated assault; credibility and absence of documentary evidence (medical records not admitted, no police reports) justified drawing adverse inference as to income and rejecting petitioner’s account of being battered. The marriage is irretrievably broken and responsibility is primarily apportioned to the petitioner for abandoning the family. Welfare of the children requires stability and sole custody to the respondent; child maintenance fixed at RM1,000 per child and spousal maintenance at RM800 monthly based on assessed needs and means. The House, bought during marriage and used as family home with contributions by both parties, is a matrimonial...

Citation
KA-33-77-10/2022 (Mahkamah Tinggi)
Parties
Petitioner: TAN SHEE PENG; Respondent: LEE BEE AI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 June 2023
Case Number
KA-33-77-10/2022 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition / After Trial (judgment)
Outcome
Decree Nisi granted dissolving the marriage; orders made for custody, maintenance, property division and costs
Legal Topics
Divorce, Irretrievable Breakdown, Unreasonable Behaviour, Spousal Maintenance, Child Maintenance, Custody, Care and Control, Matrimonial Assets, EPF Division, Adverse Inference Under Evidence Act
Source Language
Malay/English
Family Law Matrimonial Law Child Custody Maintenance Property Division Evidence Law Divorce Irretrievable Breakdown +7 more

Case Brief

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Parties

TAN SHEE PENG

Petitioner

LEE BEE AI

Respondent

Procedural Posture

Divorce Petition / After Trial (judgment)

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down and whether alleged assault was proven
  2. 2 Apportionment of responsibility for breakdown under s78 Law Reform Act
  3. 3 Custody, care and control of two children and access

Ratio Decidendi

Petitioner failed to prove serious or repeated assault; credibility and absence of documentary evidence (medical records not admitted, no police reports) justified drawing adverse inference as to income and rejecting petitioner’s account of being battered. The marriage is irretrievably broken and responsibility is primarily apportioned to the petitioner for abandoning the family. Welfare of the children requires stability and sole custody to the respondent; child maintenance fixed at RM1,000 per child and spousal maintenance at RM800 monthly based on assessed needs and means. The House, bought during marriage and used as family home with contributions by both parties, is a matrimonial...

Court Disposition

Decree Nisi granted dissolving the marriage; orders made for custody, maintenance, property division and costs

Orders

  • Marriage solemnized on 25.6.2006 is dissolved; Decree Nisi granted to be made absolute within three months from date of decree unless cause shown
  • Sole custody, care and control of children THX and THC granted to Respondent LEE BEE AI; Petitioner TAN SHEE PENG granted reasonable access once a week or other mutually agreed times subject to children’s wishes