PEMPETISYEN XXXX XXXX

PEMPETISYEN XXXX XXXX

Court found marriage irretrievably broken down and granted petitioner a decree of judicial separation. Respondent's cross-petition for divorce dismissed for non-compliance with s106. Petitioner failed to prove respondent's alleged unreasonable behaviour but the parties' incompatible characters justified separation. Spousal maintenance awarded at RM20,000 per month from December 2020 with arrears of RM525,500. Child maintenance arrears RM292,834.83 and ongoing obligations ordered (TJM living expenses RM5,000/month and university fees/rental capped at AUD489/week; TJT maintained by respondent). Division of matrimonial assets ordered to achieve near-equality with an overall effective...

Citation
33-563-10/2015 (Mahkamah Tinggi)
Parties
Petitioner: CSM; Respondent: TCC
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 May 2021
Case Number
33-563-10/2015 (Mahkamah Tinggi)
Procedural Posture
Judicial Separation Petition / Judgment (high Court)
Outcome
Petition for judicial separation granted; respondent's cross-petition for dissolution of marriage dismissed.
Legal Topics
Judicial Separation, Division of Matrimonial Assets, Spousal Maintenance, Child Maintenance, Irretrievable Breakdown of Marriage, Procedural Requirements for Divorce Petitions
Source Language
Malay/English
Family Law Matrimonial Property Maintenance Law Civil Procedure Evidence Law Judicial Separation Division of Matrimonial Assets Spousal Maintenance +3 more

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Parties

CSM

Petitioner

TCC

Respondent

Procedural Posture

Judicial Separation Petition / Judgment (high Court)

Legal Issues

  1. 1 Whether the marriage had irretrievably broken down
  2. 2 Whether petitioner proved unreasonable behaviour under s54(1)(b) LRA
  3. 3 Entitlement and quantum of spousal maintenance under ss77–78 LRA

Ratio Decidendi

Court found marriage irretrievably broken down and granted petitioner a decree of judicial separation. Respondent's cross-petition for divorce dismissed for non-compliance with s106. Petitioner failed to prove respondent's alleged unreasonable behaviour but the parties' incompatible characters justified separation. Spousal maintenance awarded at RM20,000 per month from December 2020 with arrears of RM525,500. Child maintenance arrears RM292,834.83 and ongoing obligations ordered (TJM living expenses RM5,000/month and university fees/rental capped at AUD489/week; TJT maintained by respondent). Division of matrimonial assets ordered to achieve near-equality with an overall effective...

Court Disposition

Petition for judicial separation granted; respondent's cross-petition for dissolution of marriage dismissed.

Orders

  • Decree of judicial separation granted.
  • Respondent to pay petitioner spousal maintenance RM20,000 per month from December 2020.