The primary duty to maintain children lies with the father, and failure to fully disclose income can result in adverse inferences during maintenance proceedings.

[Enclosure 11]

[1] This application (encl 11) for ancillary relief has been filed by the Petitioner Wife (PW) against the Respondent Husband (RH) for herself and the children of the marriage. This application is filed while waiting for the full disposal of the divorce petition which is still at the stage for a full trial.

[2] This court on 24 May 2023 allowed prayer 1 and has dismissed prayers 2,3 and 4 of encl 11 with costs in the cause. The RH had appealed to the court of Appeal against that decision. The Appellant and the Respondent are to be referred to as they were in the High court.

The Cause Papers

[3] The cause papers filed are as follows:

(i) Notice of Application dated 11 January 2023 seeking for various ancillary relief ("Enclosure 11").

(ii) Petitioner's Affidavit In Support affirmed by Khor Ai Tee on 6 January 2023 ("Enclosure 12").

(iii) Respondent's Affidavit In Reply affirmed by Teoh Teik Sung on 3 February 2023 ("Enclosure 16")

(iv) Petitioner's Affidavit In Reply affirmed by Khor Ai Tee on 27 February 2023 ("Enclosure 21").

(v) Respondent's 2nd Affidavit In Reply affirmed by Teoh Teik Sung on 9 March 2023 ("Enclosure 22").

(vi) Petitioner's 2nd Affidavit In Reply affirmed by Khor Ai Tee on 29 March 2023 ("Enclosure 25").

(vii) The Divorce Petition dated 21 October 2022 (encl 1) ("the Divorce Petition").

(viii) The answer to the Divorce Petition dated) 1 December 2022 (encl 9) ("the Answer to Petition").

(ix) The reply to the Answer to Petition dated 26 December 2022 (encl 10) ("the Reply to Answer")

The Law

[4] The relevant law is the Law Reform (Marriage & Divorce Act) 1976 ("LRA") and the relevant sections are:

(1) Section 92 Duty to maintain children

Except where an agreement or order of court otherwise provides, il stroll be the duty of a parent to maintain or contribute to the maintenance of his or her children, whether they are in his or her custody or the custody of any other person, either by providing them with such accommodation, clothing, food and education as may be reasonable having regard to his or her means and station in life or by paying the cost thereof

(2) Section 98 Power for court to order maintenance for children

(1) The court may at any time order a man to pay maintenance for the benefit of his child:

(a) if he has refused or neglected reasonably to provide for the child;

(b) if he has deserted his wife and the child is in her charge;

(c) during the pendency of any matrimonial proceedings; or

(d) when making or subsequent to the making of an order placing the child in the custody of any other person.

(2) The court shall have the corresponding power to order a woman to pay or contribute towards the maintenance of her child where it is satisfied that having regard to her means it is reasonable so to order.

(3) An order under subsection (1) or (2) may direct payment to the person having custody or care and control of the child or trustees for the child.

Background Facts

[5] Both parties were married on 23 February 2005 and blessed with four children:

(a) Carol Teoh Jiarou (F), was born on 1 August 2006 and is now 17 years old.

(b) Carolyn Teoh Peixuan (F), was born on 13 September 2007 and is now 16 years old.

(c) Carlos Teoh Jiafeng (M), was born on 21 March 2011 and is now 12 years old.

(d) Carl Teoh Jia Cheng (M), was born on 21 November 2016 and is now 7 years old.

(collectively referred to as "the Children")

[6] The marriage between the parties has broken down and this Petition has been filed to dissolve the marriage apart from the other claims opposed by the RH and at all material times, the Children were under the custody of the PW.

[7] The PW filed a Notice of