Chan Sek Keong JC

This is an application by the plaintiff for custody, care and control of his illegitimate son, viz Tan Kong Wei, who was born on 27 May 1986. The defendant is the mother of the child.

On 9 November 1987, I granted custody of the child to the plaintiff after reading the affidavits filed herein and hearing counsel for both parties. I did not consider it necessary nor did counsel ask for oral testimony to be given in open court notwithstanding the many issues of fact in dispute between the parties.

The undisputed facts are as follows. The plaintiff met the defendant in 1984 when she was married to but living separately from her husband, established a liaison with her and lived with her for three years, during which the child was born. Whether or not the husband of the defendant knew of the adulterous relationship of the defendant is not disclosed in the affidavit but on 7 August 1985, the defendant was granted a decree nisi in divorce no 482 of 1985 on the ground of unreasonable behaviour on the part of the husband. By consent of the parties, custody of the child of the marriage, a son born on 12 September 1981, was given to the husband with reasonable access to the