Malaysia Case Law: Decisions & Judgments

Topic

Irretrievable breakdown of marriage

Legal area

Court

26 Apr 2024

PEMPETISYEN TAN YEE LIN LIM HONG INN

Citation

BA-33-419-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-419-09/2021 (Mahkamah Tinggi)

On the facts the petitioner proved on balance that the marriage had irretrievably broken down: parties lived apart continuously since 31.12.2017 (seven years) and respondent's conduct and failure to contribute made cohabitation unreasonable; burden shifted to respondent who failed to prove contributions or co‑ownership of disputed assets with contemporaneous evidence; the matrimonial home is a matrimonial asset and, given joint contributions and 29 years' marriage, shall be sold and net proceeds divided equally; all other listed assets were not matrimonial (inherited, registered in petitioner…
4 Jul 2023

CHOONG FOOK PENG LIONG YOOK KEOW

Citation

BA-24F-102-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24F-102-04/2023 (Mahkamah Tinggi)

Given the parties' separation across jurisdictions, evidence that the respondent commenced foreign divorce proceedings and failed to contradict the applicant's assertions, and the practical burdens on the respondent and child (schooling) to attend conciliation, the court found exceptional circumstances under s.106(1)(vi) LRA 1976 such that referral to a conciliatory body would be impracticable and futile; therefore the applicant's exemption application is allowed.
10 Nov 2022

PEMPETISYEN A I L G E N

Citation

WA-33-9-01/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-9-01/2018 (Mahkamah Tinggi)

The Petition is allowed and the Cross‑Petition dismissed because the Respondent was bound by his own pleading for divorce and the court was satisfied the marriage had irretrievably broken down under sections 53 and 54(1)(b) (notably a violent incident where the Respondent brandished a knife and prolonged separation); the Petitioner was awarded sole guardianship, custody, care and control of the child because the child's welfare was paramount and the child was settled in the Petitioner’s care; the Respondent was granted specified access to protect the child's welfare while enabling paternal co…
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.
17 May 2022

PEMPETISYEN P K R K D S

Citation

WA-33-627-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-627-10/2019 (Mahkamah Tinggi)

The parties had lived apart for more than two years (approximately five years); the petitioner left voluntarily as a result of marital problems and respondent failed to rebut the prima facie inference of irretrievable breakdown under s54(1)(d); balancing equities, the court concluded it was just and reasonable to dissolve the marriage and ordered transfer of the long‑used mobile number to the petitioner.
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…
6 May 2021

PEMPETISYEN XXXX XXXX

Citation

33-563-10/2015 (Mahkamah Tinggi)
Court

High Court
Case number

33-563-10/2015 (Mahkamah Tinggi)

Court found marriage irretrievably broken down and granted petitioner a decree of judicial separation. Respondent's cross-petition for divorce dismissed for non-compliance with s106. Petitioner failed to prove respondent's alleged unreasonable behaviour but the parties' incompatible characters justified separation. Spousal maintenance awarded at RM20,000 per month from December 2020 with arrears of RM525,500. Child maintenance arrears RM292,834.83 and ongoing obligations ordered (TJM living expenses RM5,000/month and university fees/rental capped at AUD489/week; TJT maintained by respondent).…

Malaysia Case Law

PEMPETISYEN TAN YEE LIN LIM HONG INN

CHOONG FOOK PENG LIONG YOOK KEOW

PEMPETISYEN A I L G E N

PEMPETISYEN I C O A K U

PEMPETISYEN P K R K D S

PEMPETISYEN GIRISH CHANDRA A/L HEMRAJ SHASTRI XXXX

PEMPETISYEN XXXX XXXX