Malaysia Case Law: Decisions & Judgments

Topic

Division of matrimonial assets

Legal area

Court

29 Sept 2025

GIRISH CHANDRA A/L HEMRAJ SHASTRI XXXX

Citation

W-02(W)-475-03/2022 (Mahkamah Rayuan)
Court

W
Case number

W-02(W)-475-03/2022 (Mahkamah Rayuan)

Set aside the High Court’s order in respect of the Setapak Shoplot because it was sold long before and is an asset of separate companies not before the court and there was no evidence of mala fide linking appellant to continuing beneficial ownership; uphold the High Court’s order in respect of the Titiwangsa House because the trial judge permissibly found it was a matrimonial asset and that the appellant disposed of it mala fide to defeat the respondent’s claim, therefore section 76 authorizes awarding the respondent a sum equivalent to 50% of the current market value as at 11.2.2022; resulti…
6 Aug 2025

NIRMALA A/P RAMASAMY Baramaguru A/l Mariappen

Citation

N-02(W)-78-01/2024 (Mahkamah Rayuan)
Court

W
Case number

N-02(W)-78-01/2024 (Mahkamah Rayuan)

The Court of Appeal held that the High Court erred by applying outdated emphasis on 'joint effort' and by failing to give adequate weight to AW's non‑monetary homemaking contributions under the amended s76 LRA, and by accepting RH's limited salary evidence despite lifestyle and extensive property holdings suggesting understatement; therefore AW is entitled to 30% of the 15 contested matrimonial real estate assets, the gratuitous transfers to RH's mother constituted unlawful dissipation and must be returned for sale/division or buyout, and maintenance for children and AW must be increased to r…
27 Jul 2025

PEMPETISYEN TAN SHEE PENG LEE BEE AI

Citation

KA-33-77-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-33-77-10/2022 (Mahkamah Tinggi)

Decree nisi granted dissolving the marriage; court found marriage irretrievably broken but apportioned greater responsibility to the Petitioner due to abandonment and unproven allegations of serious violence; granted Respondent sole custody with reasonable access to Petitioner; drew adverse inference under Evidence Act s114(g) that Petitioner's income understated and therefore ordered maintenance of RM1,000 per child (RM2,000 total) and spousal maintenance of RM800 per month; classified the House as a matrimonial asset, ordered Petitioner to continue servicing the housing loan and to transfer…
27 Jul 2025

PEMPETISYEN TAN SHEE PENG LEE BEE AI

Citation

KA-33-77-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-33-77-10/2022 (Mahkamah Tinggi)

Petitioner's allegations of serious and frequent physical assault were not proved on the balance of probabilities (no admissible medical evidence and no police reports); the petitioner bore a greater degree of responsibility for the breakdown by abandoning the family; consequently custody was awarded to the Respondent for the children's welfare, financial orders were set having regard to means, needs and responsibility (spousal maintenance RM800 monthly, child maintenance RM1,000 per child monthly), the House was classified as matrimonial and orders made to secure accommodation and protect ch…
22 Jul 2025

PEMPETISYEN I V A 1. ) R O M 2. ) A R B

Citation

WA-33-79-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-79-02/2023 (Mahkamah Tinggi)

Adultery by the Respondent and Co-Respondent was not proved on the requisite civil standard with heightened scrutiny due to seriousness; Petitioner established independent means and equal responsibility for the marriage breakdown so spousal maintenance was denied; Respondent ordered to pay child maintenance (MYR4,000 monthly) and given structured access while both parties retain joint guardianship; only the matrimonial home was treated as divisible matrimonial asset to be equally shared (sale or buy‑out), other contested assets or past sale proceeds were not awarded to Petitioner due to conce…
23 May 2025

PEMPETISYEN PUNITHA A/P MENIYANDI SUTHAGAR A/L DARMALINGAM @ DHARMAR

Citation

BA-33-205-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-205-04/2022 (Mahkamah Tinggi)

On the balance of probabilities the wife made substantial and in all probability equal contributions (financial and non-financial) to acquisition and upkeep of the matrimonial home and the loans she took during the marriage were for joint matrimonial purposes and therefore matrimonial obligations; accordingly the matrimonial home is to be divided equally, outstanding loans are to be borne equally, the husband unjustly benefited from surrendering insurance policies whose premiums were paid by the wife and must refund RM40,000, the husband must reimburse RM22,000 for jewellery redeemed by the w…
5 May 2025

PEMPETISYEN ONG MING THONG CHONG PHAIK AI

Citation

KA-33-178-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-33-178-08/2019 (Mahkamah Tinggi)

Marriage dissolved: court held marriage had irretrievably broken down by reason of prolonged separation and granted divorce. Spousal maintenance awarded as RM300,000 lump sum payable within one month and RM5,000 monthly for seven years; RM2,000,000 lump sum claim rejected as unreasonable and beyond husband’s means. Child maintenance RM3,000 per month until completion of tertiary education. Property division allocated specific properties to each party or to the child in trust, taking into account direct contributions, non‑financial contributions and third‑party interests. Costs of RM15,000 awa…
17 Apr 2025

PEMPETISYEN SUZANAH REBECCA RAJAN 1. ) ONG HAM BOON @ ONG HANG BOON 2. ) LIM CHIN LIN

Citation

BA-33-569-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-569-11/2021 (Mahkamah Tinggi)

Court found marriage irretrievably broken due to respondent husband’s unreasonable conduct, accepted petitioner’s evidence and WhatsApp corroboration, granted divorce (Decree Nisi made absolute), awarded spousal maintenance RM7,000 per month for 15 years to be paid as lump sum RM1,260,000, ordered child maintenance RM3,500 per child monthly until completion of first tertiary degrees with respondent to bear full tertiary educational costs, awarded Subang Jaya and Truganina properties to petitioner, ordered equal division (50/50) of joint assets and 20% entitlement to petitioner for other asset…
26 Mar 2025

PEMPETISYEN Thai Kim Sim 1. ) Tan Bee Geok 2. ) Lin Woon Fui PIHAK YANG DINAMAKAN 1. ) Tan Seah Lee 2. ) Chea Tsui Khung

Citation

WA-33-160-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-160-04/2024 (Mahkamah Tinggi)

The Family Court had jurisdiction to grant injunctive relief against the First Respondent to protect the Family Court's ability to equitably divide matrimonial assets and to prevent an abuse of process; on the facts the winding-up petition against Supermax Holdings Sdn Bhd was an abuse designed to frustrate the Family Court, a Fortuna injunction was justified to restrain continuation of that petition, and a quia timet injunction was justified to prevent further dissipation of assets; the Court could not, however, order restoration of legal consequences already triggered by presentation of a w…
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)

The Court excluded the secretly made audio recording and transcript under section 23 Evidence Act as protected reconciliation communications; admitted photographs/screenshots as secondary evidence because originals were in Respondent's control and experts agreed authenticity; on balance of probabilities (with a higher degree given seriousness) adultery between Respondent and Second Co-Respondent before October 2015 was established but the Petitioner tolerated that relationship by participating in reconciliation and remaining in marriage, thus damages against co-respondents were denied; both p…