Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Assessment of means and needs

Legal area

Court

27 Jul 2023

PEMPETISYEN UMA MAGESWARY A/P SUBRAMANIAM M.SURESH A/L MARIMUTHU

Citation

BA-33-154-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-154-03/2020 (Mahkamah Tinggi)

Interim maintenance granted because petitioner proved inability to maintain herself due to serious medical condition corroborated by medical reports and respondent has means to pay (ownership of multiple properties and inadequate disclosure of income); applying the s.78 means and needs test, RM1,500 per month was reasonable and within respondent's means pending final disposal of the divorce petition.
20 Jan 2023

PEMPETISYEN ROSE FERNANDEZ ANTHONY JOHN BOSCO A/L A. PITCHAY

Citation

WA-33-62-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-62-02/2021 (Mahkamah Tinggi)

Respondent's reticence and failure to make full and frank disclosure justified drawing an adverse inference under section 114(g); applying section 78 (means and needs) and relevant authorities, the court found the petitioner in need and the respondent able to pay an interim maintenance sum of MYR1,500 per month and costs of MYR3,000.