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2023 MarsdenLR 649

HIGH COURT MALAYA IPOH
LOW YAAN YAAN & ORS – Appellant
Versus
CHEONG KONG HUAT – Respondent


Petitioner Advocates:Rajandran M Balakrishnan,Sukhvinder Singh Sidhu ,Respondent Advocate: Edmond Teh Aik Hua,Teong Xian Yin

JUDGMENT

Bhupindar Singh Gurcharan Singh Preet JC:

Introduction

[1] The plaintiff (Ms Low Yaan Yaan) claims to be the lawful wife of the defendant and that Oh Eng Lim and Oh Yi Lim are the defendant's children. The plaintiff and her children are seeking an order to transfer the immovable properties, shares in companies and savings of the defendant to their names (Ms Low Yaan Yaan and the children are referred to as 'plaintiffs').

Background - Plaintiffs' Case

[2] It is undisputed that the plaintiff and the defendant were married according to Chinese custom on 6 September 2008. A traditional wedding dinner was also held on 7 September 2008. However, the plaintiff and defendant did not register their marriage at all. After their marriage, the plaintiff and the defendant lived in one of the defendant's properties at No 48T, Lorong Limau G4/1, Jalan Changkat Jong, 36000 Teluk Intan, Perak ('matrimonial home').

[3] On 15 October 2010, the plaintiff gave birth to Oh Eng Lim ('1st child') and Oh Yi Lim ('2nd child') was born on 27 March 2012. The plaintiff asserts that throughout the marriage and after the children's birth, the defendant cared for them by providing security, a home to live in,

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