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2025 MarsdenLR 394

HIGH COURT MALAYA KUALA LUMPUR
TIN – Appellant
Versus
HIN – Respondent


JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] The Petitioner-Husband filed a divorce petition, seeking joint guardianship and custody of the child of the marriage, along with the division of matrimonial assets. In response, the Respondent-Wife cross-petitioned for sole guardianship and custody of the child, as well as child and spousal maintenance.

[2] To protect the privacy of the parties, and due to the sensitive nature of the issues involved, the Petitioner-Husband and Respondent-Wife have been anonymised in this judgment as TIN and HIN, respectively.

The Factual Background

[3] The Petitioner, a French citizen and the Respondent, a Malaysian (collectively "the Parties"), were married in France in September 2012, and subsequently registered the marriage in Malaysia in March 2013. Their marriage resulted in the birth of their son ("the Child") in November 2016.

[4] After their marriage, the Parties lived in France before moving to Sabah in 2013 and later relocating to Kuala Lumpur.

[5] Despite the increasing strain in their marriage, the Parties mutually agreed for the Respondent to undergo in-vitro fertilisation ("IVF") to conceive the Child. However, their relationship continued to


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