FCMC 11384 /2021

[2025] HKFC 91

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NUMBER 11384 OF 2021

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JUDGMENT
( Ancillary relief )

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1. This is the ancillary relief trial of the petitioner wife’s claim for ancillary relief for herself and the only child of the family, namely a son born in 2010. In her written open offer lodged for the purpose of this trial, she asks that the matrimonial home be transferred to her and that the respondent husband shall pay her a sum of $3,000 per month for the benefit of their son.

2. The husband is absent throughout the proceedings and in this trial.

Background

3. The husband was born in 1966 and is now 58 years old. The wife was born in 1978 and is now 47.

4. Through the assistance of a match-maker, the parties married in 1999 in China. At that time, the husband was already a Hong Kong citizen; the wife was a PRC citizen. After their marriage, the wife came to Hong Kong on visitor’s visa(s) from time to time.

5. In 2002, the husband purchased a public housing unit at Lee Cheng Uk Estate in his sole name, which then became the matrimonial home of the parties (“ matrimonial home ”). Currently, it is the home of the wife and the son. The matrimonial home is already free from mortgage. Its current value is $2.6 million (open market value under the Tenants Purchase Scheme), or $1.2 million (secondary market value under the Tenants Purchase Scheme). [1]

6. The wife obtained a single way permit to relocate to Hong Kong in 2005. She took up a job to work in a frozen meat shop at $6,500 per month. The husband worked as a warehouse worker at $15,000 per month.

7. In 2008, the husband purchased another property in Qingyuan City (清遠市) (“ PRC property ”) with the financial assistance of RMB100,000 from the husband’s foster mother. Since its purchase, the PRC property has been occupied by the wife’s parents, with one bedroom reserved for the use of the husband and the wife when they travel to China. The current value of the PRC property is RMB290,000. [2]

8. As said, their only son was born in July 2010. At first, he lived with the wife’s parents in China. He came back to live and started schooling in Hong Kong in 2013. He is now 14 years old and studying Form 2. The wife quitted her job to take care of him in 2013. She worked again since 2016, save and except 2018 to April 2019 when she had a herniated intervertebral disc.

9. In May 2019, she found out that the husband had an extra-marital relationship with another woman. In July 2020, he left the matrimonial home without her prior notice and did not return since then. The parties thus separated.

10. The wife filed her petition for divorce in November 2021, relying on the behaviour of th