Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

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  • 20 Nov 2023

    PEMPETISYEN PUNITHA A/P MUNIANDY KUNASEAGARAN A/L ARUMUGAM

    Citation
    BA-33-447-06/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-33-447-06/2023 (Mahkamah Tinggi)

    The appellants Notice of Appeal was filed 57 days after the decree was made and beyond the 30-day limit under Rule 12 of the Rules of the Court of Appeal 1994 with no application for extension; the appeal is therefore defective and dismissed. On the substantive issue, the house purchased during the marriage is a matrimonial asset under s.76 LRA and, given the 29-year marriage, the Petitioners contributions and waiver of maintenance, an equal division of the net sale proceeds is fair, reasonable and just; the property is to be sold and proceeds, after deducting outstanding housing loan, divi…