PEMPETISYEN G E M P E T

PEMPETISYEN G E M P E T

Applying section 78 LRA 1976, the court found the Petitioner had financial needs but did not adequately substantiate the full MYR2,000 claim; the Respondent's denials of means were disbelieved in light of his directorships, vehicle ownership and EPF withdrawals. On balance and as an interim measure the Respondent was ordered to pay MYR1,000 monthly to the Petitioner, payable by the 7th of each month, while claims for division of assets and reimbursement were reserved for the full hearing.

Citation
WA-33-243-05/2021 (Mahkamah Tinggi)
Parties
Petitioner: GEM; Respondent: PET
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 April 2023
Case Number
WA-33-243-05/2021 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition (ancillary Relief) / Application for Ancillary Relief (interim)
Outcome
Application allowed in part
Legal Topics
Spousal Maintenance, Means and Needs Test, Disclosure of Income and Assets, Interim Relief, Division of Matrimonial Assets
Source Language
Malay/English
Family Law Matrimonial Law Civil Procedure Spousal Maintenance Means and Needs Test Disclosure of Income and Assets Interim Relief Division of Matrimonial Assets

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Parties

GEM

Petitioner

PET

Respondent

Procedural Posture

Divorce Petition (ancillary Relief) / Application for Ancillary Relief (interim)

Legal Issues

  1. 1 Whether the Petitioner is entitled to spousal maintenance
  2. 2 Application of the means and needs test under section 78 LRA 1976
  3. 3 Whether the Respondent must disclose income and assets

Ratio Decidendi

Applying section 78 LRA 1976, the court found the Petitioner had financial needs but did not adequately substantiate the full MYR2,000 claim; the Respondent's denials of means were disbelieved in light of his directorships, vehicle ownership and EPF withdrawals. On balance and as an interim measure the Respondent was ordered to pay MYR1,000 monthly to the Petitioner, payable by the 7th of each month, while claims for division of assets and reimbursement were reserved for the full hearing.

Court Disposition

Application allowed in part

Orders

  • Respondent to pay the Petitioner MYR1,000 monthly as spousal maintenance, to be deposited into the Petitioner\u2019s bank account by the 7th of each month from the date of this decision
  • All other reliefs sought in this application (50% of value of matrimonial home, 50% of specific company shares, reimbursement of 50% of child\u2019s school fees and other ancillary claims) are not allowed at this stage and are to be addressed at the full hearing