PEMPETISYEN D A Y S A Y

PEMPETISYEN D A Y S A Y

Divorce was granted and decree nisi made absolute; court found petitioner primarily responsible for breakdown due to adultery and fraudulent conduct (including misuse of another couple's decree and bigamous registration), awarded respondent arrears of spousal maintenance MYR90,000 (36 months) and ongoing monthly...

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 Petition / Final Judgment
Outcome
Divorce granted and decree nisi made absolute; respondent awarded maintenance, arrears and matrimonial home; no damages against party-cited; costs awarded against petitioner.
Legal Topics
Divorce, Spousal Maintenance, Matrimonial Property Division, Adultery, Bigamy, Damages Against Co Respondent, Pleadings, Fraud, Adverse Inference
Family Law Criminal Law Evidence Law Civil Procedure Divorce Spousal Maintenance Matrimonial Property Division Adultery +5 more

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Summary, issues, holding and outcome

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Parties

DAY

Petitioner

SAY

Respondent

RAY

Party Cited

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether divorce should be granted and decree made absolute
  2. 2 Whether petitioner’s adultery with party-cited caused breakdown and whether respondent tolerated it
  3. 3 Whether respondent entitled to spousal maintenance and arrears under means and needs test

Ratio Decidendi

Divorce was granted and decree nisi made absolute; court found petitioner primarily responsible for breakdown due to adultery and fraudulent conduct (including misuse of another couple's decree and bigamous registration), awarded respondent arrears of spousal maintenance MYR90,000 (36 months) and ongoing monthly maintenance MYR2,500 payable by the petitioner, ordered transfer of the matrimonial home to the respondent (transfer to be effected within 60 days of 19 March 2024), declined to order damages against the party-cited due to respondent's long delay/tolerance in asserting adultery, and ordered costs of MYR40,000 against the petitioner (subject to allocatur).

Court Disposition

Divorce granted and decree nisi made absolute; respondent awarded maintenance, arrears and matrimonial home; no damages against party-cited; costs awarded against petitioner.

Orders

  • Decree nisi made absolute immediately
  • Petitioner ordered to pay respondent monthly maintenance of MYR2500 payable into respondent's bank account on or before the 7th day of each month