PEMPETISYEN TAN SHEE PENG LEE BEE AI

PEMPETISYEN TAN SHEE PENG LEE BEE AI

Decree nisi granted dissolving the marriage; court found marriage irretrievably broken but apportioned greater responsibility to the Petitioner due to abandonment and unproven allegations of serious violence; granted Respondent sole custody with reasonable access to Petitioner; drew adverse inference under Evidence Act s114(g) that Petitioner's income understated and therefore ordered maintenance of RM1,000 per child (RM2,000 total) and spousal maintenance of RM800 per month; classified the House as a matrimonial asset, ordered Petitioner to continue servicing the housing loan and to transfer his share to the children when conditions met; ordered 50% division of Petitioner's EPF and bank...

Citation
KA-33-77-10/2022 (Mahkamah Tinggi)
Parties
Petitioner: Tan Shee Peng; Respondent: Lee Bee Ai
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 July 2025
Case Number
KA-33-77-10/2022 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition / Judgment (after Trial)
Outcome
Divorce granted (Decree Nisi) to be made absolute within three months; primary orders for custody, maintenance, occupation and division of matrimonial assets as below.
Legal Topics
Divorce, Custody, Child Maintenance, Spousal Maintenance, Division of Matrimonial Assets, Matrimonial Home, Evidentiary Burden, Adverse Inference
Source Language
Malay/English
Family Law Matrimonial Law Civil Procedure Property Law Evidence Divorce Custody Child Maintenance +5 more

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Parties

Tan Shee Peng

Petitioner

Lee Bee Ai

Respondent

Procedural Posture

Divorce Petition / Judgment (after Trial)

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down and the cause thereof (alleged assault)
  2. 2 Apportionment of responsibility for breakdown under section 78
  3. 3 Custody, care and control of two children and access

Ratio Decidendi

Decree nisi granted dissolving the marriage; court found marriage irretrievably broken but apportioned greater responsibility to the Petitioner due to abandonment and unproven allegations of serious violence; granted Respondent sole custody with reasonable access to Petitioner; drew adverse inference under Evidence Act s114(g) that Petitioner's income understated and therefore ordered maintenance of RM1,000 per child (RM2,000 total) and spousal maintenance of RM800 per month; classified the House as a matrimonial asset, ordered Petitioner to continue servicing the housing loan and to transfer his share to the children when conditions met; ordered 50% division of Petitioner's EPF and bank...

Court Disposition

Divorce granted (Decree Nisi) to be made absolute within three months; primary orders for custody, maintenance, occupation and division of matrimonial assets as below.

Orders

  • Marriage solemnized on 25.6.2006 is dissolved; Decree Nisi granted to be made absolute within three months unless cause shown
  • Respondent (Lee Bee Ai) granted sole custody, care and control of both children (THX and THC); Petitioner (Tan Shee Peng) granted reasonable access once per week or as mutually agreed subject to children's wishes