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2018 MarsdenLR 1094

COURT OF APPEAL PUTRAJAYA
CAS – Appellant
Versus
MPPL & ANOR – Respondent


Petitioner Advocates:Honey Tan Lay Ean ,Respondent Advocate: YN Foo,Kiran Dhaliwall

Salient Facts

[3] The 1st defendant is a female who is an Air Stewardess/Flight Attendant. The 2nd defendant is a pilot and the 1st defendant's husband. The defendants married on 3 March 2007. On 23 June 2008, the 1st defendant gave birth to her daughter who will be referred to in this judgment as Child C. Child C thus was born into a valid marriage between the defendants.

[4] The plaintiff is a male and also makes his living as a pilot. He works in the same airline as the 1st defendant but different from that of the 2nd defendant. We consider it significant to highlight that all the parties concerned in this suit are non-Muslims.

[5] It is the plaintiff's claim that he had been having an affair with the 1st defendant even before her marriage to the 2nd defendant, and that this affair continued even after the defendants' marriage.

[6] The plaintiff claims that when Child C was born, he had lived periodically with the 1st defendant and Child C as a family, notably when the 2nd defendant was on flight duty. This remains a disputed fact. The 2nd defendant was not in the country at this point. The plaintiff also alleged that all this while, he had been paying the 1st defendant a monthly su

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