Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Guardianship and custody

  • 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…

  • 14 Jan 2025

    PEMPETISYEN T I N H I N

    Citation
    WA-33-158-03/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-33-158-03/2022 (Mahkamah Tinggi)

    Divorce was granted; spousal maintenance denied because respondent was financially independent and parties were equally responsible for the breakdown; child maintenance ordered at MYR1,500 per month payable by petitioner and additional child expenses to be equally shared; joint guardianship and joint custody awarded with primary care to respondent and a detailed access regime for petitioner; court declined to order division of French properties not for lack of jurisdiction but because petitioner failed to adduce documentary proof and expert evidence on foreign law, and an adverse inference wa…