JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] This was a petition sought by the Petitioner-Wife, seeking a judicial separation from the Respondent-Husband, as well as spousal maintenance, division of matrimonial assets, and damages from the Co-Respondent for the alleged adultery between the Co-Respondent and the Respondent-Husband.

[2] Given the privacy of parties and sensitivity of issues in these proceedings, the Petitioner, Respondent and Co-Respondent have been anonymised in these grounds of judgment respectively as HAI, PAI and KAI.

The Factual Background

[3] The Petitioner and Respondent (collectively "the Parties") were aged 72 and 74, respectively, at the time of the commencement of the trial of the petition for judicial separation. They entered into matrimony in October 1977, marking the beginning of a union that would last almost five decades. Their marriage was blessed with six children ("the Children"), whose ages ranged from 36 to 46 at the time of the trial of the petition for judicial separation, as well as three grandchildren.

[4] The Petitioner, despite earning a Diploma in Business Studies from Singapore's Ngee Ann College, chose to forgo her professional ambitions to become a full-time housewife, devoting herself almost entirely to raising the Children and managing the household.

[5] The Respondent, on the other hand, was a civil engineer with an academic background from the University of Malaya. Over the years, he achieved professional success, founding several businesses that underscored his entrepreneurial acumen. Between 1991 and 1998, he worked overseas in Brunei, further advancing his career. During this period, the Petitioner remained in Malaysia, shouldering the sole responsibility of caring for the Children and managing the household affairs.

[6] The marriage, which endured almost five decades, was marked by a long period of relative harmony and stability. However, this equilibrium was disrupted in September 2022, when the Petitioner claimed that the Respondent confessed to an adulterous relationship with the Co-Respondent, who was 48 years old at the time of the trial of the petition for judicial separation. This revelation proved to be a pivotal moment in their relationship, ultimately leading the Petitioner to seek judicial separation.

[7] On 14 October 2022, the Petitioner filed a petition for judicial separation ('the Judicial Separation petition"), where she sought multiple remedies to address the emotional and financial implications of the irretrievable breakdown of the marriage.

[8] Specifically, the Petitioner claimed spousal maintenance; and division of matrimonial assets, requesting half the value of all properties, savings, and other shared assets accrued during their marriage.

[9] The Petitioner also pursued damages from the Co-Respondent, holding her accountable for her alleged role in the irretrievable breakdown of the marriage.

The Issues

[10] The issues that had to be addressed by this Court were as follows:

(a) Spousal Maintenance - In considering whether a lump sum spousal maintenance of MYR1.92 million should be awarded to the Petitioner by the Respondent, the Court examined several factors related to the breakdown of the marriage. These included:

(i) Whether the Petitioner had proved adultery between the Respondent and Co-Respondent, and that such adultery had caused the irretrievable breakdown of the marriage between the Petitioner and Respondent;

(ii) Whether the Petitioner was entitled to claim damages in the amount of MYR200,000.00 from the Co-Respondent upon establishing the adultery;

(iii) Whether spousal maintenance may be ordered in lump sum; and

(iv) Whether the Petitioner had satisfied the "means and needs" assessment to justify her claim for spousal maintenance.

(b) The matrimonial assets - With regard to the matrimonial assets, the primary issue was whether the Petitioner was entitled to half the value of all the matrimonial assets. In addressing the division of matrimonial as