The court established that a marriage can be dissolved on grounds of irretrievable breakdown due to unreasonable behavior and separation, prioritizing children's welfare in custody and maintenance matters.

JUDGMENT

Abdul Wahab Mohamed J:

Introduction

[1] This is a petition for divorce filed by the Petitioner, Nithianandha Rao A/L Atchanan ("the Petitioner"), against the Respondent, Kavitha A/P Rajandran (P) ("the Respondent"), following a period of marital breakdown.

[2] The Petitioner claims that the marriage has irretrievably broken down due to various allegations regarding the Respondent's conduct, which have caused significant emotional distress and irreparable harm to the relationship. The Respondent has opposed the petition, and the issues for determination revolve around the grounds for divorce, access to the children, child maintenance, property division, and the allocation of financial responsibilities.

Background Facts

[3] The marriage between the Petitioner and Respondent was solemnized on 15 September 2011 and registered with the Ipoh National Registration Department under Registration No KC050113843. They have two children, Sresai Rao A/L Nithianandha Rao, aged 11 years, and Navhanthika Sai A/P Nithianandha Rao, aged 7 years ("the Children").

[4] The Petitioner had left the marital home at PN 382269 Lot 0518960, Mukim Hulu Kinta, Daerah Kinta, Perak bearing the address No 16, Jalan Jelapang Bayu 4, Puncak Jelapang Bayu,30020 Ipoh, Perak ("the Marital Home") some time around December 2019.

[5] The Petitioner returned to the Marital Home and live with the Respondent sometime around August 2020.

[6] The Petitioner and the Respondent have however been separated since 19 December 2021. They have been separated for more than two (2) years until now.

[7] The Petitioner asserts that the Respondent's behavior, including emotional abuse, disrespect, and a refusal to compromise on household matters, has caused the breakdown of the marriage. He further claims that the Respondent's unpredictable mood swings, unreasonable behavior, and accusations of failure as a husband have created an intolerable living situation, ultimately leading to their separation in December 2021.

[8] The Respondent has been accused of abusive behavior, including an incident involving the abuse of a maid in 2019, for which the Petitioner was arrested to which the Respondent admitted her mistakes concerning the immigration issue.

[9] The Petitioner and Respondent have been living apart since 19 December 2021. The Petitioner has made efforts to reconcile, including seeking counseling, but these efforts have been unsuccessful. The National Registration Department had issued a Certificate stating that the couple had failed to reconcile on the grounds of marital breakdown.

[10] The Petitioner claimed that the children of the marriage were not at all friendly and refused to meet the Petitioner, giving trivial reasons even though the Petitioner had obtained an interim access order to visit the children of the marriage dated 6 December 2022.

[11] A police report was made by the Respondent dated 1 January 2023 where the Respondent stated that the children did not want to meet their father and the children were emotionally disturbed.

[12] The Petitioner has agreed to grant the custody, care and control of the Children of the marriage to the Respondent and that he be given reasonable access to the Children.

[13] The Petitioner made an application to cancel the monthly maintenance of the children of the marriage amounting to RM1,200.00 (Encl 46) on the grounds, inter alia, that the children refused to meet the Petitioner as their father and the children had also expressed their hatred towards the Petitioner.

[14] If the Petitioner's Encl 46 application is granted, he agrees as follows:

(i) The Petitioner has purchased and will continue to pay for a "medical policy" for his daughter, Navanthika Sai A/P Nithianandha Rao;

(ii) In addition, the Petitioner will purchase an education insurance policy for his daughter for the future and higher education of the daughter;

(iii) The Petitioner has purchased an education insurance policy for his son, Sresai Arshand Rao A/L Nithianandha Rao and als