PEMPETISYEN THAM KOK KIN TEH LING LING

PEMPETISYEN THAM KOK KIN TEH LING LING

The RM100,000 EPF withdrawal was more likely used to reduce/redeem the housing loan for the Taman Tangling Indah House thereby constituting a matrimonial contribution; applying s.76 LRA the court apportioned Taman Tangling Indah House 40% Petitioner, 40% Respondent, 20% held in trust for the child; Desa Rishah Indah...

Source-derived case information.

Citation
AA-33-338-12/2020 (Mahkamah Tinggi)
Parties
Petitioner: Tham Kok Kin; Respondent: Teh Ling Ling
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 December 2023
Case Number
AA-33-338-12/2020 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition / Judgment
Outcome
Divorce granted (decree nisi to be made absolute one month); custody of child to Respondent; reasonable access to Petitioner; property division and maintenance orders as below.
Legal Topics
Division of Matrimonial Assets, Maintenance of Spouse and Child, Custody and Access, EPF Withdrawal for House Loan, Adverse Inference Under Evidence Act S.114(g)
Family Law Matrimonial Property Child Law Evidence Division of Matrimonial Assets Maintenance of Spouse and Child Custody and Access EPF Withdrawal for House Loan +1 more

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Parties

Tham Kok Kin

Petitioner

Teh Ling Ling

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether No.19 Lorong Belibis (Taman Tangling Indah House) is a matrimonial asset
  2. 2 Whether Respondent and child entitled to No.18 Jalan Rishah Indah 8 (Desa Rishah Indah)
  3. 3 Proper division of matrimonial assets under s.76 LRA

Ratio Decidendi

The RM100,000 EPF withdrawal was more likely used to reduce/redeem the housing loan for the Taman Tangling Indah House thereby constituting a matrimonial contribution; applying s.76 LRA the court apportioned Taman Tangling Indah House 40% Petitioner, 40% Respondent, 20% held in trust for the child; Desa Rishah Indah acquired during marriage to be split 50% Petitioner and 50% held in trust for the child; maintenance fixed at RM1,000 monthly for Respondent and RM2,000 monthly for the child; Respondent to reimburse Petitioner 40% net value of Taman Tangling Indah within 12 months or property to be sold; 25% of Petitioner's EPF to be transferred into trust for the child.

Court Disposition

Divorce granted (decree nisi to be made absolute one month); custody of child to Respondent; reasonable access to Petitioner; property division and maintenance orders as below.

Orders

  • Divorce granted; decree nisi to be made absolute one month from date of order
  • Taman Tangling Indah House apportioned 40% Petitioner, 40% Respondent, 20% held in trust by Respondent for child