SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 MarsdenLR 5749

HIGH COURT MALAYA PENANG
LEE WAI CHENG – Appellant
Versus
CHENG LING KEUN – Respondent
[Divorce Petition No: PA-33-73-03/2025]



JUDGMENT

Azizan Md Arshad J:

[Discovery Of Documents Pursuant To Rule 24 Divorce And Matrimonial Proceedings Rules 1980 - Enclosure 14]

Introduction

[1] The above-named Petitioner Wife (PW), being dissatisfied with part of the decision given on 26 September 2025, appealed against part of the said decision which held that:

(i) The disclosure of the documents in listed as items 2, 3, 6, and 7 in the Notice of Application (encl 14) is dismissed; and

(ii) Costs in the cause

[2] The PW subsequently filed an appeal to the Court of Appeal on 22 October 2025. The parties are referred to as they were in the High Court .

Cause Papers

[3] This Court referred to the following cause papers:

(a) Divorce Petition dated 11 March 2025 ("Divorce Petition"/"Enclosure 1");

(b) Affidavit in Support of Petition duly affirmed by Lee Wai Cheng on 11 March 2025 ("AISP" /"Enclosure 2");

(c) Reply to the Divorce Petition dated 29 April 2025 ("Reply to Divorce Petition"/ "Enclosure 10");

(d) Petitioner's Reply to the Respondent's Answer to the Petition dated 15 May 2025 ("Petitioner's Reply" / "Enclosure 11");

(e) Respondent's Further Reply dated 29 May 2025 ("Respondent's Further Reply" /"Enclosure 12");

(f) Petitioner's Rebuttal to the Respondent's Further Reply dated 26 June 2025 ("Petitioner's Rebuttal" /"Enclosure 13");

(g) Summons in Chambers in respect of Discovery Application dated 26 June 2025 ("SIC" /"Enclosure 14");

(h) Affidavit in Support duly affirmed by Lee Wai Cheng on 26 June 2025 ("AIS" /"Enclosure 15");

(i) Affidavit in Reply duly affirmed by Cheng Ling Keun on 21 July 2025 ("Respondent's AIR"/ "Enclosure 16"); and

(j) Affidavit in Reply duly affirmed by Lee Wai Cheng on 7 August 2025 ("Petitioner's AIR"/"Enclosure 17").

Background Facts

[4] The Parties herein have been married for over seventeen (17) years where parties were married on 2 December 2008. Over the course of the marriage, the parties were blessed with two (2) daughters, known as CTW (in abbreviation) (age 15 years old) and CTY (in abbreviation) (age 9 years old).

[5] The Petitioner Wife ("PW") was gainfully employed in the early years of the marriage but in 2017 had to give up her career to become a full-time home maker to the children and the Respondent Husband ("RH"). With this, the RH was able to fully focus and commit to his career and businesses.

[6] The marriage has since irretrievably broken down and the PW filed her Divorce Petition (Encl. 1) for the dissolution of her marriage with the RH on the grounds and reasons as particularised in the said Divorce Petition.

[7] Due to the RH's refusal to declare his true financial position to this Court , the Petitioner is constrained to file a Summons-in-Chambers (Enclosure 14) for the Discovery of certain documents on 26 June 2025.

[8] Through this application, the PW was praying for an order for the Discovery of the documents listed which are categorized as follows:

(1) The Respondent's Employees Provident Fund (EPF) statements from 2 December 2008 until the date of the Order;

(2) Bank statements for all banking accounts held and/or controlled by the Respondent from 2 December 2008 until the date of the Order, including but not limited to:

(3) Statements of all investment accounts held and/or controlled by the Respondent from 2 December 2008 until the date of the Order, including but not limited to investment account with Affin Hwang Investment Bank Bhd (CDS#068-006-038031514);

(4) The full accounts of the partnership, ASPIRE CONSULTANCY PLT [Registration No.: 201804000475 (LPP0014855-LGN), from 8 February 2018 until the date of the Order;

(5) The Penyata Caruman statements to the Employees Provident Fund (EPF) for ASPIRE CONSULTANCY PLT [Registration No.: 2018040004 75 (LPP0014855-LGN), from 8 February 2018 until the date of the Order;

(6) Bank statements for all banking accounts of the partnership, ASPIRE MARS PLT [Registration No.: 202504000049 (LLP0041537-LGN);

(7) The full accounts of the partnership, ASPIRE MARS PLT [Registration No.: 202504


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top