PEMPETISYEN D A Y S A Y

PEMPETISYEN D A Y S A Y

The court found the petitioner primarily at fault due to fraudulent conduct and adultery, granted the divorce, ordered transfer of the matrimonial home to the respondent, awarded arrears of MYR90000 and ongoing monthly maintenance of MYR2500, refused damages against the party-cited, and ordered costs of MYR40000...

Source-derived case information.

Citation
WA-33-383-09/2020 (Mahkamah Tinggi)
Parties
Petitioner: DAY; Respondent: SAY; Party Cited: RAY
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 March 2024
Case Number
WA-33-383-09/2020 (Mahkamah Tinggi)
Procedural Posture
Divorce / Judgment
Outcome
Divorce granted; decree nisi made absolute immediately; petitioner held primarily at fault.
Legal Topics
Divorce, Spousal Maintenance, Matrimonial Asset Division, Adultery, Bigamy, Fraud, Costs
Family Law Matrimonial Law Civil Procedure Evidence Criminal Law Divorce Spousal Maintenance Matrimonial Asset Division +4 more

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Parties

DAY

Petitioner

SAY

Respondent

RAY

Party Cited

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether respondent entitled to spousal maintenance and arrears
  2. 2 Whether marriage breakdown due to petitioner's adultery or respondent's unreasonable behaviour
  3. 3 Whether respondent entitled to equal division of three immoveable properties

Ratio Decidendi

The court found the petitioner primarily at fault due to fraudulent conduct and adultery, granted the divorce, ordered transfer of the matrimonial home to the respondent, awarded arrears of MYR90000 and ongoing monthly maintenance of MYR2500, refused damages against the party-cited, and ordered costs of MYR40000 against the petitioner.

Court Disposition

Divorce granted; decree nisi made absolute immediately; petitioner held primarily at fault.

Orders

  • Matrimonial Home (Villa Laman Tasik) to be transferred wholly to the Respondent within 60 days of the decision dated 19 March 2024
  • Petitioner to pay arrears in spousal maintenance to Respondent in the sum of MYR90000