27 Oct 2022
PEMPETISYEN I C O A K U
- Citation
- WA-33-260-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-33-260-05/2019 (Mahkamah Tinggi)
Respondent's conduct caused the irretrievable breakdown; divorce granted. Respondent failed to prove transmission of herpes and failed to call medical evidence, so damages and loss of consortium dismissed; tort claim also time‑barred under Limitation Act and improperly pursued within divorce proceedings. Respondent not entitled to maintenance because she is capable of earning and her conduct contributed to breakdown; court ordered sale of the Property with proceeds (or shortfall and sale costs) divided 70:30 in favour of Petitioner and vehicle to Respondent; costs related to sale borne 70:30.
- Divorce
- Irretrievable breakdown of marriage
- Division of matrimonial assets
- Spousal maintenance
- Damages for personal injury (alleged herpes)
- Limitation period