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1984 MarsdenLR 5003

HIGH COURT (KUALA LUMPUR)
Faiza Tamby Chik, J
Choong Yee Fong – Appellant
Versus
Ooi Seng Keat & Anor – Respondent


Advocates:
Ahmad Shamsul (KC Tan with him) (LC Chong & Co) for the for the petitioner wife.
PH Cheah (WH Kan with him) (Azam Malek & Co) for the respondent husband.
Darshan Singh (Darshan Singh Chong & Co) for the second respondent.

Faiza Tamby Chik J:

The three main issues for consideration are as follows:

(a)whether the dissolution of marriage should be granted on the alleged ground of adultery as in the petition by the petitioner or dissolution of marriage should be granted on the ground of two years separation as in the respondent's cross petition;

(b)whether the petitioner is entitled to claim in the alleged property purchased prior to the marriage which the petitioner alleged is matrimonial property namely the property known as No 52, Jalan 9/101, Desa Aman, Jalan Cheras, 56100 Kuala Lumpur (‘the Desa Aman property’); and

(c)whether the petitioner is entitled to a claim for maintenance for herself.

The following facts are not in dispute, that:

(a)the petitioner and the respondent registered their marriage at ‘Persatuan Perniagaan Tionghua Johor’ in 24 March 1984;

(b)there are no children born to their union;

(c)both the respondent and the petitioner were gainfully employed throughout the subsistence of the marriage;

(d)the respondent and the petitioner, before the separation lived in the property known as No 52, Jalan 9/101, Desa Aman, Jalan Cheras, 56100 Kuala Lumpur (‘Desa Aman property’) and thereafter the sep

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