HIGH COURT MALAYA KUALA LUMPUR
BAHEERATHY ARUMUGAM – Appellant
Versus
V GUNASELAN V VISVANATHAN – Respondent
[Divorce Petition NO: F-33-202-2010]
| Table of Content |
|---|
| 1. petition for divorce and ancillary reliefs. (Para 1 , 1 , 2) |
| 2. pw's revised prayer for no access. (Para 3) |
| 3. background facts of the marriage and separation. (Para 4 , 5 , 6 , 7) |
| 4. court's decision on the divorce petition. (Para 8) |
| 5. analysis of guardianship and custody considerations. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 6. welfare of the child in decisions on access. (Para 20 , 21 , 22) |
| 7. evidence of abuse impacting child welfare. (Para 24 , 25 , 26 , 27) |
| 8. counterarguments denying abuse. (Para 46 , 47 , 49) |
| 9. children's interviews indicating fear. (Para 55 , 62) |
| 10. determination of maintenance responsibilities. (Para 63 , 72) |
| 11. maintenance for children. (Para 67) |
| 12. division of matrimonial assets. (Para 73 , 75 , 79 , 82 , 107) |
| 13. claims regarding the return of jewellery. (Para 110 , 111) |
| 14. claims for return of jewellery dismissed. (Para 112) |
| 15. psychiatric evaluations related to fitness as a parent. (Para 114 , 115 , 116) |
| 16. court orders on psychiatric evaluations. (Para 117) |
[1] This is my judgment regarding the Divorce Petition filed by the Petitioner Wife ("the PW") in enclosure 1, and the Cross-Petition of the Respondent Husband ("the RH") in enclosure 9.
Enclosure 1
[2] In enclosure 1 the PW prayed for the following reliefs:
(1) That the marriage between the PW and the Respondent Husband ("the RH") be dissolved;
(2) Right of guardianship, custody, care and control of both children of the marriage, SD ("the 1st child") (date of birth: 15 March 2002) and R ("the 2nd child) (date of birth: 6 December 2007), ("the children"), be given solely to the PW;
(3) The RH obtains a Medical Certificate on his mental state of mind from a Government Hospital before seeking access for the children and if the Court still decides to give access (although the RH is an abuser) to the RH, the access that is given shall be as follows:
3.1 The RH is given supervised access to the children (in the presence of the PW) wherein the access is to be held at the Bilik Kanak-Kanak Mahkamah Tinggi Keluarga Kuala Lumpur for one (1) hour, once a month on a Friday between 3.00 pm to 4.00 pm until the PW is of the opinion that the RH is not dangerous to the life of the children and the children are comfortable and not threatened by the RH's presence. Thereafter, the RH's access to the children shall be reviewed again by this Honourable Court;
(4) The RH pays RM2,000.00 for each child towards the maintenance in arrears from the date the PW and the children were chased out of the house ie commencing 12 April 2009 till the date of dissolution of the marriage. The maintenance in arrears is to be paid to the PW within seven (7) days from the dissolution of the marriage;
(5) The RH pays monthly maintenance to the children amounting to RM2,000.00 for each child from the date of dissolution of marriage. The said sum of RM2.000.00 shall be revised based on the children's requirements from time to time until the child reaches the age of 18 years old or obtains their diploma or degree (whichever is later). The monthly maintenance shall be credited into the PW's account on or before the third (3rd) of every month;
(6) The RH shall pay the sum of RM1,000.00 as maintenance for the PW;
(7) The RH shall sell the jointly owned matrimonial property with the property address at D-13-2, Seri Puri Apartment, Desa Aman Puri, Jalan Aman 52200 Kuala Lumpur and No. 19, Jalan SD 10/5F, Bandar Sri Damansara, 50200 Selangor at the best price within three (3) months from the date of dissolution of marriage and thereafter fifty percent (50%) of the revenue from the sale shall be given to the PW within seven days from the date of receipt of the sale revenue;
(8) The RH shall return all the jewellery belonging to the PW and the children;
(9) The costs of this action are to be borne by both the PW and the RH respectively;
(10) Both the PW and the RH are given the liberty to apply for variation;
(11) Other reliefs as deemed fit by this Honourable Court.
[3] At the He
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