Malaysia Case Law: Decisions & Judgments

Topic

Adultery

Legal area

Court

27 Oct 2025

PEMPETISYEN SUTHAGAR A/L UTRAPATHY 1. ) JAMUNA A/P SANATHEPATHEY 2. ) SARAVANAN A/L MUTHUSAMY 3. ) Yogeswary A/p Kumaresan

Citation

JA-33-382-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-33-382-08/2019 (Mahkamah Tinggi)

R1 failed to prove adultery on the balance of probabilities because the evidence was uncorroborated, inconsistent and largely circumstantial, with no contemporaneous WhatsApp messages, photos or videos proving physical intimacy; therefore R1's claim for RM150,000 against R3 is dismissed and costs awarded to R3.
22 May 2025

PEMPETISYEN L O B H O B PIHAK YANG DINAMAKAN C O B

Citation

WA-33-592-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-592-12/2021 (Mahkamah Tinggi)

On the balance of probabilities, with a higher degree of scrutiny for serious allegations, adultery between the Petitioner and Party-Cited was not established within the pleaded issues and in any event was tolerated by the Respondent; spousal maintenance and damages claims were dismissed for lack of proof and tolerance; the Petition for divorce was granted; child maintenance of MYR3,000 monthly and equal share of education/medical expenses ordered; joint guardianship but sole custody, care and control to Respondent; matrimonial assets divided with Petitioner receiving 20% overall (calculated…
28 Feb 2025

PEMPETISYEN C H A N 1. ) S H A N 2. ) XXXX 3. ) K H A N PIHAK KETIGA A L I R

Citation

WA-33-546-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-546-09/2018 (Mahkamah Tinggi)

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 O…
25 Nov 2024

PEMPETISYEN H A I 1. ) P A I 2. ) K A I

Citation

WA-33-574-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-574-10/2022 (Mahkamah Tinggi)

On a balance of probabilities, applying a higher degree of persuasion given the gravity of adultery allegations, the circumstantial evidence (emails about IVF and partner, joint stays, shared residences, admission to Petitioner, access to matrimonial assets, and credibility findings) established adultery by Respondent with Co-Respondent; Co-Respondent liable to compensatory damages (MYR200,000) and costs; Respondent found primarily responsible for breakdown and ordered to pay lump-sum spousal maintenance MYR205,000 (derived from MYR5,000/month for 41 months to age 76) plus costs MYR50,000; ma…
3 Sept 2024

PEMPETISYEN CHONG MENG LEE 1. ) TEE TAI HONG 2. ) ONG YEE LING

Citation

BA-33-125-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-125-02/2024 (Mahkamah Tinggi)

Because the JSP named the 2nd Respondent as the alleged adulterous party but sought no relief against her, the pleading was plainly and obviously unsustainable, frivolous and vexatious and constituted an abuse of process; moreover the petitioner’s prolonged delay and continued cohabitation evidenced tolerance of the adultery undermining her entitlement to relief under s54(1)(a) LRA 1976, so the strike out application succeeded.
10 Jul 2024

PEMPETISYEN DR. SHIVANI A/P NAGANDRAN 1. ) DR. RAJ KUMAR A/L S. MAHARAJAH 2. ) Cherry Hamdi Ramos PIHAK YANG DINAMAKAN AIA BHD.

Citation

BA-33-503-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-503-07/2023 (Mahkamah Tinggi)

Petitioner failed to demonstrate special grounds under section 58 LRA 1976 or to justify the seven-month delay and prior knowledge of the alleged adulterer; no credible steps or evidence were shown to locate the alleged co-respondent or to prove impecuniosity; amendment is not justified given unexplained delay and prejudice can be compensated only by costs; petitioner elected exemption prayer and cannot rely on alternative; therefore application to be excused or to amend is dismissed.
25 Jun 2024

PEMPETISYEN HENG SIEW YUET 1. ) Wong Siew Boon 2. ) Law Kwai Fun

Citation

KA-33-33-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-33-33-04/2022 (Mahkamah Tinggi)

The marriage was dissolved because the Respondent’s adulterous relationship with the Co-Respondent established irretrievable breakdown (s54(1)(a)). Applying s78 and authorities on maintenance and need, the Petitioner, being elderly and unable to earn, was entitled to arrears and a lump sum maintenance calculated to age 80; the Respondent must provide a secure residence free of encumbrances and pay medical expenses; Respondent and Co-Respondent are jointly liable for damages for abandonment/adultery and costs.
8 Apr 2024

PEMPETISYEN SHUM LAI LIN 1. ) CHEANG KIM LEONG 2. ) TEH WAN CHENG

Citation

AA-33-183-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-33-183-05/2023 (Mahkamah Tinggi)

Petitioner entitled to interim maintenance because she is financially dependent, accustomed to a higher standard of living sustained by Respondent, and Respondent failed to make full and frank disclosure of his means; balancing Petitioner's needs with her own income and assets, the court reduced the claim from RM50,000 to a reasonable interim award of RM30,000 per month, payable monthly until further order or final disposal of the petition.
19 Mar 2024

PEMPETISYEN D A Y S A Y

Citation

WA-33-383-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-383-09/2020 (Mahkamah Tinggi)

The court found the petitioner primarily at fault due to fraudulent conduct and adultery, granted the divorce, ordered transfer of the matrimonial home to the respondent, awarded arrears of MYR90000 and ongoing monthly maintenance of MYR2500, refused damages against the party-cited, and ordered costs of MYR40000 against the petitioner.
19 Mar 2024

PEMPETISYEN D A Y S A Y

Citation

WA-33-383-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-383-09/2020 (Mahkamah Tinggi)

Divorce was granted and decree nisi made absolute; court found petitioner primarily responsible for breakdown due to adultery and fraudulent conduct (including misuse of another couple's decree and bigamous registration), awarded respondent arrears of spousal maintenance MYR90,000 (36 months) and ongoing monthly maintenance MYR2,500 payable by the petitioner, ordered transfer of the matrimonial home to the respondent (transfer to be effected within 60 days of 19 March 2024), declined to order damages against the party-cited due to respondent's long delay/tolerance in asserting adultery, and o…