28 Feb 2025
PEMPETISYEN C H A N 1. ) S H A N 2. ) XXXX 3. ) K H A N PIHAK KETIGA A L I R
- Citation
- WA-33-546-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-33-546-09/2018 (Mahkamah Tinggi)
The Court excluded the secretly made audio recording and transcript under section 23 Evidence Act as protected reconciliation communications; admitted photographs/screenshots as secondary evidence because originals were in Respondent's control and experts agreed authenticity; on balance of probabilities (with a higher degree given seriousness) adultery between Respondent and Second Co-Respondent before October 2015 was established but the Petitioner tolerated that relationship by participating in reconciliation and remaining in marriage, thus damages against co-respondents were denied; both p…