PEMPETISYEN Y A Y 1. ) W H O 2. ) N A N

PEMPETISYEN Y A Y 1. ) W H O 2. ) N A N

Adultery between the Respondent and Co-Respondent was proved on the balance of probabilities (applying a higher degree of persuasion) by credible surveillance and circumstantial evidence and was the cause of the marriage breakdown; accordingly the petition was allowed in part: compensatory damages of MYR70,000 awarded against Co-Respondent, the Respondent ordered to pay child maintenance of MYR2,000/month and one-third of claimed delivery costs, custody to Petitioner with joint guardianship and structured access to Respondent, Matrimonial Home to be sold and proceeds divided equally, spousal maintenance and most claims to Respondent's investments/EPF were refused.

Citation
WA-33-178-04/2019 (Mahkamah Tinggi)
Parties
Petitioner: YAY; Respondent: WHO; Co Respondent: NAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 October 2022
Case Number
WA-33-178-04/2019 (Mahkamah Tinggi)
Procedural Posture
Divorce / Judgment
Outcome
Petition allowed in part
Legal Topics
Adultery, Division of Matrimonial Assets, Spousal Maintenance, Child Custody, Child Maintenance, Guardianship, Damages for Adultery, Child Surname, Standard of Proof
Source Language
Malay/English
Family Law Matrimonial Law Child Law Evidence Law Adultery Division of Matrimonial Assets Spousal Maintenance Child Custody +5 more

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Parties

YAY

Petitioner

WHO

Respondent

NAN

Co Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether adultery between Respondent and Co-Respondent was proved
  2. 2 Appropriate standard of proof for adultery in civil divorce proceedings
  3. 3 Whether adultery caused irretrievable breakdown of marriage

Ratio Decidendi

Adultery between the Respondent and Co-Respondent was proved on the balance of probabilities (applying a higher degree of persuasion) by credible surveillance and circumstantial evidence and was the cause of the marriage breakdown; accordingly the petition was allowed in part: compensatory damages of MYR70,000 awarded against Co-Respondent, the Respondent ordered to pay child maintenance of MYR2,000/month and one-third of claimed delivery costs, custody to Petitioner with joint guardianship and structured access to Respondent, Matrimonial Home to be sold and proceeds divided equally, spousal maintenance and most claims to Respondent's investments/EPF were refused.

Court Disposition

Petition allowed in part

Orders

  • Petition allowed only as to child maintenance, damages for adultery, and one-third of Petitioner’s monetary claim
  • Co-Respondent ordered to pay Petitioner damages of MYR70000