Soong Jiun Jye (NRIC No. 850925-07-5153) Ng So-Phia (NRIC No. 840219-07-5368) PIHAK KETIGA Hong Shin Yee

Soong Jiun Jye (NRIC No. 850925-07-5153) Ng So-Phia (NRIC No. 840219-07-5368) PIHAK KETIGA Hong Shin Yee

A respondent alleging adultery may make the alleged adulterer/adulteress a party in the Answer without leave of court prior to service; that person must be described in the title as 'party cited' (not 'third party'); leave is required only for amendments made after service; inclusion before service is by operation of law and not an abuse justifying strike out.

Citation
PA-33-222-06/2019 (Mahkamah Tinggi)
Parties
Petitioner: Soong Jiun Jye; Respondent: Ng So-Phia; Third Party: Hong Shin Yee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 August 2020
Case Number
PA-33-222-06/2019 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition (high Court of Malaya at Penang) / Judgment on Application to Strike Out
Outcome
Application to strike out dismissed.
Legal Topics
Adultery, Joinder of Parties, Leave to Amend, Service of Process, Divorce Petitions
Source Language
Malay/English
Family Law Divorce Civil Procedure Adultery Joinder of Parties Leave to Amend Service of Process Divorce Petitions

Case Brief

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Parties

Soong Jiun Jye

Petitioner

Ng So-Phia

Respondent

Hong Shin Yee

Third Party

Procedural Posture

Divorce Petition (high Court of Malaya at Penang) / Judgment on Application to Strike Out

Legal Issues

  1. 1 Whether leave of court is required to make alleged adulterer/adulteress a party in the respondent's answer
  2. 2 Proper description of alleged adulterer/adulteress in the cause (co-respondent vs party cited vs third party)
  3. 3 Whether amendment after service requires leave under the Rules

Ratio Decidendi

A respondent alleging adultery may make the alleged adulterer/adulteress a party in the Answer without leave of court prior to service; that person must be described in the title as 'party cited' (not 'third party'); leave is required only for amendments made after service; inclusion before service is by operation of law and not an abuse justifying strike out.

Court Disposition

Application to strike out dismissed.

Orders

  • Application to strike out dismissed.
  • Alleged adulteress to be described in the cause as 'party cited'; misdescription as 'third party' is curable by amendment.