PEMPETISYEN I V A 1. ) R O M 2. ) A R B

PEMPETISYEN I V A 1. ) R O M 2. ) A R B

Adultery by the Respondent and Co-Respondent was not proved on the requisite civil standard with heightened scrutiny due to seriousness; Petitioner established independent means and equal responsibility for the marriage breakdown so spousal maintenance was denied; Respondent ordered to pay child maintenance (MYR4,000 monthly) and given structured access while both parties retain joint guardianship; only the matrimonial home was treated as divisible matrimonial asset to be equally shared (sale or buy‑out), other contested assets or past sale proceeds were not awarded to Petitioner due to concealment and equitable set‑offs; damages against Co‑Respondent dismissed.

Citation
WA-33-79-02/2023 (Mahkamah Tinggi)
Parties
Petitioner: IVA; Respondent: ROM; Co Respondent: ARB
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 July 2025
Case Number
WA-33-79-02/2023 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition / Final Judgment (decree Nisi Made Absolute)
Outcome
Divorce granted; decree nisi made absolute; spousal maintenance claim dismissed; child maintenance ordered; joint guardianship granted; sole custody, care and control of younger child to Petitioner; matrimonial home to be divided equally; damages against Co-Respondent dismissed; other contested assets not awarded to...
Legal Topics
Spousal Maintenance, Child Maintenance, Custody and Guardianship, Adultery and Damages, Division of Matrimonial Assets, Standard of Proof, Parental Alienation, Asset Concealment
Source Language
Malay/English
Family Law Matrimonial Property Children Law Evidence Law Spousal Maintenance Child Maintenance Custody and Guardianship Adultery and Damages +4 more

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Parties

IVA

Petitioner

ROM

Respondent

ARB

Co Respondent

Procedural Posture

Divorce Petition / Final Judgment (decree Nisi Made Absolute)

Legal Issues

  1. 1 Whether adultery by the Respondent with the Co-Respondent was proved
  2. 2 Whether Petitioner entitled to spousal maintenance under means and needs and fault principles
  3. 3 Whether Respondent should pay child maintenance and the quantum

Ratio Decidendi

Adultery by the Respondent and Co-Respondent was not proved on the requisite civil standard with heightened scrutiny due to seriousness; Petitioner established independent means and equal responsibility for the marriage breakdown so spousal maintenance was denied; Respondent ordered to pay child maintenance (MYR4,000 monthly) and given structured access while both parties retain joint guardianship; only the matrimonial home was treated as divisible matrimonial asset to be equally shared (sale or buy‑out), other contested assets or past sale proceeds were not awarded to Petitioner due to concealment and equitable set‑offs; damages against Co‑Respondent dismissed.

Court Disposition

Divorce granted; decree nisi made absolute; spousal maintenance claim dismissed; child maintenance ordered; joint guardianship granted; sole custody, care and control of younger child to Petitioner; matrimonial home to be divided equally; damages against Co-Respondent dismissed; other contested assets not awarded to...

Orders

  • Decree nisi made absolute forthwith
  • Petitioner and Respondent granted joint guardianship of younger child