Sukumar Kokila (Paspot India: N3984634) LAIN-LAIN Muthuraja a/l Suppiah (No. K/P: 770611-08-6837) ...Pempetisyen

Sukumar Kokila (Paspot India: N3984634) LAIN-LAIN Muthuraja a/l Suppiah (No. K/P: 770611-08-6837) ...Pempetisyen

Spousal maintenance was refused because the respondent, being educated and capable of employment, failed to mitigate her position; child maintenance was increased to RM1,000 per month payable by the petitioner until the child reaches 18; respondent awarded a RM25,000 share of the pre-marital property in recognition of non-financial contributions and cohabitation; jewellery claim dismissed for lack of evidence.

Citation
JA-33-211-05/2019 (Mahkamah Tinggi)
Parties
Petitioner: Muthuraja A/L Suppiah; Respondent: Sukumar Kokila
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 November 2020
Case Number
JA-33-211-05/2019 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition / Post Consent Hearing on Maintenance and Division of Matrimonial Property; Final Orders Issued
Outcome
Divorce dissolved by consent; final orders issued on maintenance, property division, custody and ancillary claims
Legal Topics
Maintenance (spouse), Maintenance (child), Division of Matrimonial Assets, Custody and Access, Mitigation of Loss
Source Language
Malay/English
Family Law Matrimonial Law Child Maintenance Property Division Maintenance (spouse) Maintenance (child) Division of Matrimonial Assets Custody and Access +1 more

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Parties

Muthuraja A/L Suppiah

Petitioner

Sukumar Kokila

Respondent

Procedural Posture

Divorce Petition / Post Consent Hearing on Maintenance and Division of Matrimonial Property; Final Orders Issued

Legal Issues

  1. 1 Whether the wife is entitled to spousal maintenance
  2. 2 Appropriate quantum of maintenance for the child
  3. 3 Division and quantum of share in pre-marital property used as matrimonial home

Ratio Decidendi

Spousal maintenance was refused because the respondent, being educated and capable of employment, failed to mitigate her position; child maintenance was increased to RM1,000 per month payable by the petitioner until the child reaches 18; respondent awarded a RM25,000 share of the pre-marital property in recognition of non-financial contributions and cohabitation; jewellery claim dismissed for lack of evidence.

Court Disposition

Divorce dissolved by consent; final orders issued on maintenance, property division, custody and ancillary claims

Orders

  • Divorce dissolved by mutual consent as recorded on 18.8.2020
  • Custody, care and control of child Deeksha awarded to Respondent