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1996 MarsdenLR 1686

ABDUL WAHAB
YEOH KUM CHIN – Appellant
Versus
TAN GOOK ENG – Respondent


Advocates:
M Kalaichelvan (Ngae, Shan, Kalai & Co) for the petitioner.
Sherllene (Paul Ong & Associates) for the respondent.

JUDGMENT

The Petitioner's petition filed on the 16/9/1994 was for the following:

1. That the marriage between the Petitioner and the Respondent be dissolved.

2. That custody of the child of the marriage, Yeoh Wei Shen (p) born on 13/2/1982 be given to the Petitioner, with reasonable access to the Respondent.

3. That their matrimonial home at No 15, Jalan 19/23A, 40000 Shah Alam be sold to the highest bidder and the proceeds after payment of loan principal and interest, legal, costs and taxes if any be shared equally between the Petitioner and the Respondent. [2]

4. That the parties bear their own legal costs.

Background facts.

The petition for dissolution had been granted on 20/11/1995 while matters relating to ancillary relief was adjourned to chambers to be heard on 12/2/1996. This judgment therefore deals solely with prayers 2 to 4 mentioned above.

For the purposes of these ancillary applications it is nevertheless necessary to look at the background facts, including as why the marriage broke up. The parties married on 9/6/1979. They moved into the current matrimonial home in 1989, having previously lived in a house in Sungei Way and later in Shah Alam also. The matrimonial home

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