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2024 MarsdenLR 1483
HIGH COURT MALAYA KUALA LUMPUR
DAY – Appellant
Versus
SAY; RAY (PARTY CITED) – Respondent
[Divorce Petition: WA-33-383-09/2020]
The court ruled that fraudulent conduct by the petitioner invalidated his divorce claims, leading to the award of spousal maintenance and the Matrimonial Home to the respondent.
Headnote:(A) Law Reform (Marriage and Divorce) Act 1976 – Sections 5, 7, 54, 58, 77, 78, and 86 – Divorce proceedings – Petitioner sought divorce while Respondent cross-petitioned for maintenance and asset division – Court found Petitioner engaged in bigamy and fraudulent conduct regarding divorce claims – Respondent awarded full ownership of Matrimonial Home and spousal maintenance of MYR2,500 monthly, including arrears of MYR90,000. (Paras 16, 19, 20, 90, 101)
(B) Spousal Maintenance – Court assessed Respondent's entitlement based on 'means and needs' test, considering financial dependency and contributions during marriage – Petitioner ordered to pay maintenance despite claims of non-responsibility. (Paras 76, 84)
(C) Division of Matrimonial Assets – Court emphasized equitable distribution, awarding Matrimonial Home to Respondent while allowing Petitioner to retain income-generating properties. (Paras 90, 99)
Facts of the case: The Parties were married for 28 years, with the Petitioner engaging in an adulterous relationship leading to a bigamous marriage. The Respondent claimed maintenance and asset division after leaving the Matrimonial Home. (Paras 3-12)
Findings of Court: The Court found the Petitioner’s claims of divorce invalid, ruled his conduct as fraudulent, and granted the Respondent spousal maintenance and the Matrimonial Home. (Paras 101)
Issues: The main issues included the validity of the Petitioner’s divorce claims, entitlement to spousal maintenance, and division of matrimonial assets. (Paras 14)
Ratio Decidendi: The Court ruled that the Petitioner’s fraudulent actions undermined his claims, and the Respondent’s long-term contributions warranted maintenance and asset division. (Paras 67, 90)
Result: Divorce granted, Respondent awarded spousal maintenance and Matrimonial Home.
JUDGMENT
Introduction
[1] This was the Petitioner-Husband's petition for divorce, whilst the Respondent-Wife cross-petitioned for divorce, monthly spousal maintenance, and equal division of matrimonial assets, and damages from the Party-Cited.
[2] Given the privacy of parties and sensitivity of issues in these proceedings, the Petitioner, Respondent, and Party-Cited have been anonymised respectively as DAY, SAY, and RAY.
The Factual Background
[3] The Petitioner and Respondent ("collectively, the Parties"), aged 60 and 54 respectively at the time of the trial, registered their marriage in June 1989. Over their decades together, they raised a family comprising three children, namely, two sons and a daughter ("the Children"), who at the time of the trial had all reached the age of majority.
[4] During their marriage, the Respondent dedicated her life to homemaking, while the Petitioner embarked on entrepreneurial endeavours, delving into the culinary industry, as well as the trade of scrap iron.
[5] In the years around 2007 or 2008, the Petitioner began a relationship with the Party-Cited, who is of Thai nationality. Sometime in 2009, the Petitioner and Party-Cited proceeded with a 'traditional marriage' ceremony. However, it was crucial to highlight that this 'traditional marriage' lacked validity due to the Petitioner's existing marriage to the Respondent.
[6] The adulterous relationship between the Petitioner and Party-Cited resulted in the birth of two children, one in 2010 and another in 2012.
[7] Relying on a letter purportedly issued by Jabatan Pendaftaran Negara dated 29 November 2011 (Pengesahan Penceraian/Pembatalan Perkahwinan), which stated that the Petitioner and Respondent had been 'divorced' since 21 November 2011, the Petitioner and Party- Cited proceeded to 'register' their marriage at the Jabatan Pendaftaran Negara in February 2012. The Respondent, however, continued to reside at the Matrimonial Home as she claimed she was unaware of this 'divorce'.
[8] Sometime in 2017, the Petitioner showed the Respondent a letter dated 20 July 2017 (Pengemaskinian Rekod Perkahwinan), purportedly issued by Jabatan Pendaftaran Negara, 'confirming' that the Petitioner had 'divorced' the Respondent in 2011.
[9] The Respondent vacated the Matrimonial Home as she claimed that the Petitioner had caused her to do so. However, she made inquiries about the alleged 'divorce' with the Court. On 7 November 2017, the Court issued a letter (Pengesahan Ketulenan Sijil Menjadikan Decree Nisi Mutlak (Penceraian)) to Jabatan Pendaftaran Negara, indicating that the alleged 'divorce' obtained by the Petitioner was not valid. This was because the divorce petition number in the letters purportedly issued by Jabatan Pendaftaran Negara corresponded to a Decree Nisi granted to an unrelated couple. It appeared, therefore, that the Petitioner had relied on a divorce order granted to another couple, to claim that he was 'divorced' from the Respondent and, on that basis, proceeded to 'marry' the Party-Cited.
[10] Upon being discovered that the 'divorce' between the Petitioner and Respondent that the Petitioner had relied on was not valid, and that they were, therefore, still legally married, the Petitioner initiated proceedings to 'dissolve his marriage' to the Party-Cited, which he had registered in February 2012. This 'divorce' from the Party-Cited was finalised in 2019.
[11] In the interim, the Respondent, having left the Matrimonial Home, resided with one of the sons of the marriage, until 2023, after which she relocated to live with her sister due to her son's cancer diagnosis. (During oral submissions of the Parties, the Court was informed of the son's demise.)
[12] In September 2020, the Petitioner filed a divorce petition ("the Divorce Petition"), to which the Respondent responded and cross-petitioned in May 2021 ("the Cross-Petition").
[13] For ease of reference, the diagram below is produced to facilitate the narrative of this case.
The
