Malaysia Case Law: Decisions & Judgments

Topic

Epf as matrimonial asset

Legal area

Court

7 Feb 2025

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

Citation

WA-33-238-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-238-04/2022 (Mahkamah Tinggi)

Paragraph (b) of the Court Order was clear and required full disclosure of assets as at the effective date of the order (10 January 2024); monies in bank accounts and EPF are assets and required disclosure of balances and accounts; the First Respondent wilfully refused to comply and thereby committed contempt of court, justifying imposition of fines and costs with conditional imprisonment for non-payment or continued non-compliance.
19 Apr 2024

PEMPETISYEN RAJAKUMAR A/L V MARIAPPAN VIJIYA A/P SELVARAJOO

Citation

AB-33-25-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AB-33-25-08/2020 (Mahkamah Tinggi)

Applying s.76 and related provisions, the court found on balance of probabilities that RW made substantial non-financial contributions and PH had additional undisclosed income; ordered equality-focused division where appropriate: 50% of proceeds of matrimonial home, oil palm land to be held on trust for children with income to supplement maintenance, RW entitled to 30% of PH's EPF, custody to RW, joint (50/50) responsibility for tertiary education costs, and monthly maintenance RM3,000 payable by PH for wife and children until completion of tertiary education; insurance premium for children c…
21 Aug 2023

ANNATHURAI A/L VENKIDASALM Vani A/p Welluven

Citation

A-02(W)-1555-08/2022 (Mahkamah Rayuan)
Court

W
Case number

A-02(W)-1555-08/2022 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court's exercise of discretion: the matrimonial home proceeds and EPF are to be split 50:50 given the respondent's non-monetary contributions, the appellant's fault and the factual findings; the lump sum RM37,500 for the second daughter's tertiary education was set aside because she already obtained a PTPTN loan rendering that specific award unjustified; other maintenance and education orders were upheld as not plainly wrong.
11 Feb 2022

PEMPETISYEN GIRISH CHANDRA A/L HEMRAJ SHASTRI XXXX

Citation

WA-33-230-04/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-230-04/2017 (Mahkamah Tinggi)

Marriage was found to have irretrievably broken down; petitioner was held primarily responsible for the breakdown; divorce granted and decree nisi made absolute; custody, care and control of the child awarded to petitioner with specified access to respondent; spousal maintenance ordered at RM3,000 per month payable by petitioner; specified properties acquired during the marriage (Titiwangsa House and Setapak Shoplot) and monies including bank accounts and EPF credited amounts are matrimonial assets and respondent is entitled to fifty percent of the current market value or balances; transfers…

Malaysia Case Law

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

PEMPETISYEN RAJAKUMAR A/L V MARIAPPAN VIJIYA A/P SELVARAJOO

ANNATHURAI A/L VENKIDASALM Vani A/p Welluven

PEMPETISYEN GIRISH CHANDRA A/L HEMRAJ SHASTRI XXXX