PEMPETISYEN TAN SHEE PENG LEE BEE AI

PEMPETISYEN TAN SHEE PENG LEE BEE AI

Petitioner's allegations of serious and frequent physical assault were not proved on the balance of probabilities (no admissible medical evidence and no police reports); the petitioner bore a greater degree of responsibility for the breakdown by abandoning the family; consequently custody was awarded to the Respondent for the children's welfare, financial orders were set having regard to means, needs and responsibility (spousal maintenance RM800 monthly, child maintenance RM1,000 per child monthly), the House was classified as matrimonial and orders made to secure accommodation and protect children's stability, and equal division (50%) of specified matrimonial assets (EPF and bank monies)...

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 (law Reform (marriage and Divorce) Act 1976) / Judgment (after Trial)
Outcome
Decree Nisi granted and marriage dissolved; Decree to be made absolute within three months unless good cause shown; judgment after trial in favour of Respondent on custody and asset division.
Legal Topics
Irretrievable Breakdown, Unreasonable/intolerable Behaviour, Allegation of Domestic Assault, Spousal Maintenance, Child Maintenance, Custody and Access, Matrimonial Home Classification, Division of Matrimonial Assets, EPF Division, Adverse Inference on Income
Source Language
Malay/English
Family Law Matrimonial Law Child Custody Maintenance Property Division Evidence Irretrievable Breakdown Unreasonable/intolerable Behaviour +8 more

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Parties

TAN SHEE PENG

Petitioner

LEE BEE AI

Respondent

Procedural Posture

Divorce Petition (law Reform (marriage and Divorce) Act 1976) / Judgment (after Trial)

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down and whether the Respondent assaulted the Petitioner
  2. 2 Apportionment of responsibility for breakdown under s78 Law Reform Act
  3. 3 Appropriate custody, care and control of the children and access arrangements

Ratio Decidendi

Petitioner's allegations of serious and frequent physical assault were not proved on the balance of probabilities (no admissible medical evidence and no police reports); the petitioner bore a greater degree of responsibility for the breakdown by abandoning the family; consequently custody was awarded to the Respondent for the children's welfare, financial orders were set having regard to means, needs and responsibility (spousal maintenance RM800 monthly, child maintenance RM1,000 per child monthly), the House was classified as matrimonial and orders made to secure accommodation and protect children's stability, and equal division (50%) of specified matrimonial assets (EPF and bank monies)...

Court Disposition

Decree Nisi granted and marriage dissolved; Decree to be made absolute within three months unless good cause shown; judgment after trial in favour of Respondent on custody and asset division.

Orders

  • Decree Nisi granted dissolving marriage solemnized 25.6.2006; to be made absolute within three months
  • Sole custody, care and control of the two children (THX and THC) granted to the Respondent; Petitioner granted reasonable access once a week or as mutually agreed subject to children's wishes