Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Matrimonial home

  • 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…

  • 5 May 2025

    PEMPETISYEN JONATHAN PETER DAVIES TAN CHEW YINN

    Citation
    WA-33-556-11/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-33-556-11/2024 (Mahkamah Tinggi)

    Petitioner failed to prove residence in Malaysia at the time of filing because his immigration status was a temporary tourist visa, his presence was transient and nomadic, the Millerz Home was not the matrimonial home, his business was a shell and he actively sought employment abroad; therefore he did not meet the 'reside' requirement in section 48(2) and the court lacked jurisdiction to hear the petition and interim application.