PEMPETISYEN C H A N 1. ) S H A N 2. ) XXXX 3. ) K H A N PIHAK KETIGA A L I R

PEMPETISYEN C H A N 1. ) S H A N 2. ) XXXX 3. ) K H A N PIHAK KETIGA A L I R

The Court excluded the secretly made audio recording and transcript under section 23 Evidence Act as protected reconciliation communications; admitted photographs/screenshots as secondary evidence because originals were in Respondent's control and experts agreed authenticity; on balance of probabilities (with a higher degree given seriousness) adultery between Respondent and Second Co-Respondent before October 2015 was established but the Petitioner tolerated that relationship by participating in reconciliation and remaining in marriage, thus damages against co-respondents were denied; both parties were held partly responsible for the marriage breakdown; applying the means-and-needs test...

Citation
WA-33-546-09/2018 (Mahkamah Tinggi)
Parties
Petitioner: CHAN; Respondent: SHAN; First Co Respondent: RHAN; Second Co Respondent: KHAN; Intervener: ALIR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 February 2025
Case Number
WA-33-546-09/2018 (Mahkamah Tinggi)
Procedural Posture
Divorce / Final Judgment Delivered (decree Nisi Made Absolute)
Outcome
Divorce granted; financial relief granted in part; claims for damages against First and Second Co-Respondents dismissed; anonymisation ordered
Legal Topics
Adultery and Infidelity, Spousal Maintenance (means and Needs), Lump Sum Maintenance, Division of Matrimonial Assets, Admissibility of Electronic Evidence, Without Prejudice Rule, Anonymisation and Open Justice, Costs and Adverse Inferences
Source Language
Malay/English
Family Law Matrimonial Law Evidence Law Corporate/commercial Law Adultery and Infidelity Spousal Maintenance (means and Needs) Lump Sum Maintenance Division of Matrimonial Assets +4 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 8 Authorities cited 19 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

CHAN

Petitioner

SHAN

Respondent

RHAN

First Co Respondent

KHAN

Second Co Respondent

ALIR

Intervener

Procedural Posture

Divorce / Final Judgment Delivered (decree Nisi Made Absolute)

Legal Issues

  1. 1 Admissibility of secretly made audio recording and transcript
  2. 2 Admissibility and authenticity of photographs/screenshots of emails and messages
  3. 3 Standard of proof for adultery in matrimonial proceedings

Ratio Decidendi

The Court excluded the secretly made audio recording and transcript under section 23 Evidence Act as protected reconciliation communications; admitted photographs/screenshots as secondary evidence because originals were in Respondent's control and experts agreed authenticity; on balance of probabilities (with a higher degree given seriousness) adultery between Respondent and Second Co-Respondent before October 2015 was established but the Petitioner tolerated that relationship by participating in reconciliation and remaining in marriage, thus damages against co-respondents were denied; both parties were held partly responsible for the marriage breakdown; applying the means-and-needs test...

Court Disposition

Divorce granted; financial relief granted in part; claims for damages against First and Second Co-Respondents dismissed; anonymisation ordered

Orders

  • Decree nisi made absolute and divorce granted
  • Respondent ordered to pay lump-sum spousal maintenance MYR6,720,000 (equivalent to MYR35,000 per month for 192 months) to Petitioner