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2021 MarsdenLR 3653
SYARIAH APPEAL BOARD SINGAPORE
EL – Appellant
Versus
EM – Respondent
[Appeal No: 20 Of 2020]
The court upheld a divorce decree with principles regarding nafkah iddah and mutaah, focusing on child welfare in custody arrangements and financial capacities for support.
Headnote:(A) Administration of Muslim Law Act (Cap 3, 2009 Rev Ed) – Sections 40B(3), 35(2)(e), 51(2), 52(3)(c) – Divorce matter involving nafkah iddah and mutaah – The court decreed divorce by one talak raji'i and addressed issues of maintenance and custody. The Husband must pay nafkah iddah of $600 and mutaah of $10,000 was deemed fair considering both parties' financial situations. Custody granted jointly but care and control to the Wife. (Paras 1-49)
(B) The pronouncement of talak by the Husband was established through implied terms, confirmed by His intention conveyed during the proceedings. (Paras 15, 28)
(C) In custody matters, especially concerning a young child's welfare, the court prioritizes best interest, allowing the Wife primary care while ensuring the Father has reasonable access. (Paras 18-30)
(D) The importance of financial means in determining nafkah and mutaah was underscored, adhering to Islamic principles of provision during the iddah period. (Paras 32-47)
JUDGMENT
Introduction
[1] This was a case where the plaintiff-wife filed for divorce on the grounds the husband was a hot-tempered person that caused her not to return to their matrimonial domiciliary at the United Kingdom ("UK") due to her concern over the child's and her safety. Further the defendant-husband had also abandoned her and their child in Singapore by cancelling the flight ticket to UK. The ancillary issues were nafkah iddah ("NI"), mutaah; child custody; care and control ("C&C"); and access and other matrimonial assets. On 14 July 2020, I made the following orders:
DECREE
UPON THE APPLICATION of the Plaintiff AND UPON READING the affidavits filed herein AND UPON HEARING Mr Raj Rajendran, Counsel for the Plaintiff and Mr Mohamed Fazal Bin Abdul Hamid, Counsel for the Defendant and the parties present, IT IS HEREBY DECREED THAT:
1. The marriage registered on the 25th day of December 2013 was dissolved by the Defendant's pronouncement of talak on the 28th day of October 2018.
2. The Court confirms the pronouncement of divorce and decrees a divorce by 1 talak raji'i (1st talak) and orders that the divorce be registered (ride: divorce certificate number 58031).
3. The divorce registration fee is waived as the Plaintiff is legally aided.
IT IS FURTHER ORDERED THAT:
4. The Defendant shall pay the Plaintiff nafkah iddah in the sum of $1,800.00.
5. The Defendant shall pay the Plaintiff mutaah in the sum of
$10,000.00.
6. Payment of nafkah iddah followed by mutaah shall be paid in the sum of $500 per month for 23 months and $300 for the 24 month and shall be deposited into the Plaintiff's designated bank account with effect from the end of August 2020.
7(a). The Plaintiff and the Defendant shall have joint custody of the child:
i. [name redacted] (Female) born on [date redacted] [TXXXXXXX]
(b). The Plaintiff shall have care and control of the child and have the right to decide with the child's education and her health matter in Singapore.
(c). The Defendant shall have access to the child as follows:
i. Access to the child when the Defendant is in Singapore and such access shall he limited to 8 days in each calendar month.
ii. The Defendant shall inform the Plaintiff of such visit(s) at least 2 days before via WhatsApp.
iii. In the event, the Defendant is not in Singapore, he shall access to the child through skype every Tuesday. Thursday. Saturday and Sunday at 2.30 pm (Singapore time) for 15 minutes. If the Defendant is unable to have such access, he shall inform the Plaintiff 3 hours in advance.
iv. The Defendant shall have access to the child on her birthdav. Hari Raya Puasa and other, Singapore public Holiday every calendar year.
v. The Defendant shall only bring the child for overseas trip up to 2 weeks per trip limited to 8 weeks in calendar year, when the child reaches the age of 5 years.
vi. Both parties shall inform each other when bringing out the child for overseas within 15 days of such trip and shall include the details of the trip and manage communication.
vii. Notwithstanding the order requesting access parties may make own arrangement based on mutual agreement.
PENAL NOTICE If you, the within named Plaintiff and the Defendant neglect to obey any order in this Decree you will be liable to process of execution for the purpose of compelling you to obey the same.
[2] The ex-wife appealed against all my orders. I now set out below the reasons for my decision. For convenience, I shall refer to the plaintiff as "the Wife" and the defendant as "the Husband".
[3] Parties were married on 25 December 2013 in Singapore. Thev were blessed with a child who, at the time of proceedings, is coming to three years old. The Wife is a Singapore citizen while the Husband is a French citizen working in the UK. As per documents provided, both do not own a matrimonial home or assets in Singapore or overseas. Since marriage, they have been staying overseas due to the Husband's working arrangement.
[4] According to the Wife in her Affid
