PEMPETISYEN H A I 1. ) P A I 2. ) K A I

PEMPETISYEN H A I 1. ) P A I 2. ) K A I

On a balance of probabilities, applying a higher degree of persuasion given the gravity of adultery allegations, the circumstantial evidence (emails about IVF and partner, joint stays, shared residences, admission to Petitioner, access to matrimonial assets, and credibility findings) established adultery by Respondent with Co-Respondent; Co-Respondent liable to compensatory damages (MYR200,000) and costs; Respondent found primarily responsible for breakdown and ordered to pay lump-sum spousal maintenance MYR205,000 (derived from MYR5,000/month for 41 months to age 76) plus costs MYR50,000; matrimonial assets acquired or transformed during marriage are divisible and, on the facts and...

Citation
WA-33-574-10/2022 (Mahkamah Tinggi)
Parties
Petitioner: HAI; Respondent: PAI; Co Respondent: KAI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 November 2024
Case Number
WA-33-574-10/2022 (Mahkamah Tinggi)
Procedural Posture
Judicial Separation / Final Judgment
Outcome
Judgment partly for Petitioner: judicial separation granted; adultery proved; awards for spousal maintenance, damages against co-respondent, costs, and equal division of matrimonial assets as ordered
Legal Topics
Adultery, Spousal Maintenance, Lump Sum Maintenance, Division of Matrimonial Assets, Damages Against Co Respondent, Standard of Proof, Contempt of Court
Source Language
Malay/English
Family Law Matrimonial Property Law Evidence Law Civil Remedies Adultery Spousal Maintenance Lump Sum Maintenance Division of Matrimonial Assets +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 23 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

HAI

Petitioner

PAI

Respondent

KAI

Co Respondent

Procedural Posture

Judicial Separation / Final Judgment

Legal Issues

  1. 1 Whether adultery between Respondent and Co-Respondent was proved
  2. 2 Whether Petitioner entitled to damages from Co-Respondent
  3. 3 Whether spousal maintenance should be awarded and if it may be paid as a lump-sum

Ratio Decidendi

On a balance of probabilities, applying a higher degree of persuasion given the gravity of adultery allegations, the circumstantial evidence (emails about IVF and partner, joint stays, shared residences, admission to Petitioner, access to matrimonial assets, and credibility findings) established adultery by Respondent with Co-Respondent; Co-Respondent liable to compensatory damages (MYR200,000) and costs; Respondent found primarily responsible for breakdown and ordered to pay lump-sum spousal maintenance MYR205,000 (derived from MYR5,000/month for 41 months to age 76) plus costs MYR50,000; matrimonial assets acquired or transformed during marriage are divisible and, on the facts and...

Court Disposition

Judgment partly for Petitioner: judicial separation granted; adultery proved; awards for spousal maintenance, damages against co-respondent, costs, and equal division of matrimonial assets as ordered

Orders

  • Judicial separation granted with immediate effect
  • Respondent to pay Petitioner lump-sum spousal maintenance of MYR205000 within 30 days and costs of MYR50000 (subject to allocatur)