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

On the balance of probabilities the Court found adultery proven between the Respondent and the Second Co-Respondent prior to October 2015 but not with the First Co-Respondent; however the Petitioner had tolerated that adultery and therefore damages against co-respondents were denied; both parties were apportioned equal responsibility for the breakdown of the marriage; the Court awarded lump-sum spousal maintenance (MYR6,720,000, equivalent to MYR35,000/month for 192 months), MYR2,000,000 for house and chattels, MYR1,040,000 for Petitioner's contribution to ALIR, MYR450,000 (25% of EPF as at Oct 2017), and MYR350,000 for a car; anonymity for parties and witnesses granted; costs were...

Citation
WA-33-546-09/2018 (Mahkamah Tinggi)
Parties
Petitioner: CHAN; Respondent: SHAN; Co Respondent: RHAN; 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 (law Reform (marriage and Divorce) Act) / Judgment (trial Concluded)
Outcome
Divorce granted; spousal maintenance and division of assets awarded in part; damages against co-respondents dismissed; anonymisation granted; costs awarded as ordered.
Legal Topics
Adultery, Spousal Maintenance, Division of Matrimonial Assets, Admissibility of Evidence, Expert Evidence, Anonymisation, Costs
Source Language
Malay/English
Family Law Matrimonial Law Evidence Law Civil Procedure Commercial/corporate Adultery Spousal Maintenance Division of Matrimonial Assets +4 more

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Parties

CHAN

Petitioner

SHAN

Respondent

RHAN

Co Respondent

KHAN

Co Respondent

ALIR

Intervener

Procedural Posture

Divorce (law Reform (marriage and Divorce) Act) / Judgment (trial Concluded)

Legal Issues

  1. 1 Admissibility of secretly recorded audio and its transcript
  2. 2 Admissibility and weight of photographic/screenshot electronic evidence
  3. 3 Whether adultery by Respondent against First and Second Co-Respondents proven

Ratio Decidendi

On the balance of probabilities the Court found adultery proven between the Respondent and the Second Co-Respondent prior to October 2015 but not with the First Co-Respondent; however the Petitioner had tolerated that adultery and therefore damages against co-respondents were denied; both parties were apportioned equal responsibility for the breakdown of the marriage; the Court awarded lump-sum spousal maintenance (MYR6,720,000, equivalent to MYR35,000/month for 192 months), MYR2,000,000 for house and chattels, MYR1,040,000 for Petitioner's contribution to ALIR, MYR450,000 (25% of EPF as at Oct 2017), and MYR350,000 for a car; anonymity for parties and witnesses granted; costs were...

Court Disposition

Divorce granted; spousal maintenance and division of assets awarded in part; damages against co-respondents dismissed; anonymisation granted; costs awarded as ordered.

Orders

  • Respondent to pay lump-sum spousal maintenance of MYR6,720,000 (equivalent to MYR35,000 per month for 192 months), payable in staged instalments concluding by 31 December 2027 as set out in judgment
  • Respondent to pay MYR2,000,000 to Petitioner for value of matrimonial home and household chattels