16 Jun 2025
BAANU A/P MOHAN AIA BERHAD
- Citation
- WA-22NCC-700-10/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-700-10/2024 (Mahkamah Tinggi)
The court held the clause was void under section 28 of the Contracts Act 1950 because it unlawfully restrains the spouse (a third party) from exercising a lawful profession or employment; while an employer may validly restrict an employee during the contract for fidelity reasons, it cannot lawfully impose indirect restraints on third parties via contractual terms, therefore the impugned clause is unenforceable.