COURT OF APPEAL PUTRAJAYA
BALAKRISHNAN KALIAPPAN – Appellant
Versus
SHAMEENA NATHESAN – Respondent
[Civil Appeal No: B-02(A)-2011-10-2017]
| Table of Content |
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| 1. the appeal pertains to a divorce petition granted on grounds of abuse. (Para 1) |
[1] This appeal arose from the decision of the High Court in Shah Alam in respect of a petition for divorce filed by the respondent ("wife") against the appellant ("husband") which was granted by the learned Judicial Commissioner on 29 September 2017 wherein the marriage was dissolved and the wife was given the sole right over their matrimonial home located at No 25, Jalan SS 4/10, 47301, Petaling Jaya, Selangor Darul Ehsan. That was not all. The husband was also restrained from entering or staying at the said house and to come into close contact with the wife on account of physical and mental abuse suffered by her at his hands. However, the aggrieved husband's appeal which we heard and dismissed on 25 April 2018 was not the only legal proceeding filed by the wife. There was an earlier divorce petition which she filed in 2013 for the same prayers to, inter alia, dissolve the marriage and for the sole right over the matrimonial home but this was dismissed by the High Court on 12 January 2015. On 29 July 2015, her appeal to this Court was allowed in part in that the order in respect of the matrimonial home was set aside. On 28 September 2015, the Marriage Tribunal issued a certificate to say that the marriage was beyond saving (see p 331 of the Core Bundle of Documents) although the interviews by the Tribunal with the parties were held before the filing of the earlier petition. Following the dismissal of that appeal and the issuance of that certificate, the wife filed the second petition, which was the subject matter of this appeal before us, but in Kuala Lumpur High Court. However, the petition was transferred to be heard in High Court Shah Alam. The second petition was filed after two fresh police reports were made by the wife against the husband on the same allegations of physical threats and abuses made in two earlier ones as well as her inability to access the matrimonial home. These reports appear at pp 220, 221, 223, 225 and 226 of the Core Bundle of Documents.
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