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2004 MarsdenLR 805

HIGH COURT MALAYA KUALA LUMPUR
CHOONG YEE FONG – Appellant
Versus
OOI SENG KEAT; CHUA CHONG HONG (JOINT RESPONDENT) – Respondent


Petitioner Advocates:Ahmad Shamsul,KC Tan ,Respondent Advocate: PH Cheah,WH Kan

JUDGMENT

Faiza Tamby Chik J:

[1] 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.

[2] 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 asNo: 52, Jalan 9/101 Desa Aman, Jalan Cheras, 56100 Kuala Lumpur (Desa Aman Property) an

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