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2024 MarsdenLR 1796

HIGH COURT SABAH & SARAWAK SANDAKAN
LLK – Appellant
Versus
AHC & ANOR – Respondent


JUDGMENT

Celestina Stuel Galid J:

Introduction

[1] After fifteen years of marriage, the Petitioner filed the present divorce petition against her husband, the Respondent and sought for the custody, care and control of their two children, maintenance for the said children, a lumpsum maintenance sum for herself and other reliefs. The Petitioner also sued the Co-Respondent who was the woman whom the Respondent has allegedly committed adultery with.

[2] All the names of those involved are anonymised herein to protect their privacy.

Background Facts

[3] The Petitioner and Respondent were married on 9 December 2007 and co-habited after their marriage at the house of the Respondent's parents at Taman Pertama, Sandakan ("Pertama House").

[4] On 11 March 2009, the Petitioner and the Respondent jointly purchased an apartment known as 1st Floor, S18, Block A6, LPPB Low Cost Apartment, Mile 3½, North Road, Sandakan ("LPPB apartment").

[5] In 2013, the vehicle, a Chevrolet with the registration number SS6745T was purchased in the name of the Petitioner ("the Chevrolet").

[6] There are two children, both sons, of the marriage, GA and BA who were born in 2008 and 2011 respectively.

[7] They were all stayin


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