Yew Huoi, How & Associates | Leading Malaysia Law Firm

CUSTODY OF CHILDREN AND MAINTENANCE

CUSTODY OF CHILDREN AND MAINTENANCE – SUMMARY OF THE LATEST DECISION OF THE HIGH COURT

CUSTODY OF CHILDREN AND MAINTENANCE – Summary of the latest decision of the high court

Khoo Boon Chin v Alice Tan Ling Mei [2020] 7 MLJ 437

  • The petitioner (“the husband“) filed a petition against the respondent (“the wife“) to end a marriage of 11 years. They have 2 children, a daughter (11 years old) and a son (4 years old)
  • Reason of divorce: Marriage had irretrievably broken down. The wife was a highly strung person with a short temper, erupted in bouts of violence which had been directed to the daughter and accused the husband of having an affair.
  •  The wife sought for:

i) Custody of both children / alternatively custody of the son;
ii)
An order for sale of the 2 matrimonial properties and the proceeds to be divided equally; and/or
iii) The husband to pay a lump sum of RM30,000 as maintenance.

Whether the wife is entitled to custody of both children?

No.

  • The wife was the cause of the daughter’s psychiatric condition. Since the daughter was terrified of her mother, it was not safe for her to be in the mother’s custody.
  • The son was not of an age to express an independent opinion on whether he wishes to be in the mother’s custody.
  • The welfare of the children is the paramount consideration. It would be disruptive to separate both of the children since they are now in a stable environment of family life and school.
  • The wife works late hours (8pm – 4am) at karaoke places and bars where alcohol is available and is unable to control her emotions especially when she was drunk.

Whether matrimonial property subject to division?

No.

  • No evidence to show that the wife had contributed towards the deposit / purchase price of the 1st property.
  • The wife could not identify the location of the 1st property.
  • 2nd property was acquired before marriage. The wife had not done any ‘substantial improvement’ to the 2nd property (‘substantial improvement’ DOES NOT include payment of maintenance fees, electricity, water bills and other utilities).

Whether the wife is entitled to lump sum of maintenance?

No.

  • The wife did not file any reply or pleadings in the petition. This shows that the wife was not serious in pursuing the claim of lump sum maintenance. The demand for maintenance is an afterthought.
  • The offer by the husband to pay the wife a sum of RM30,000 by way of instalments (RM500 per month) is a fair and reasonable offer.

 

Recent Post

REGULATIONS – GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT 1947 ) – ARTICLE I

This legal update explores key provisions of the General Agreement on Tariffs and Trade (GATT 1947), focusing on Article I (Most-Favoured-Nation Treatment), Article II (Schedules of Concessions), Article XX (General Exceptions), and Article XXI (Security Exceptions). Article I mandates that any trade advantage granted by one contracting party to another must be extended unconditionally to all other parties. Article II ensures that imported goods from contracting parties receive treatment no less favourable than that outlined in agreed schedules, while also regulating permissible taxes and charges. Articles XX and XXI provide exceptions for measures necessary to protect public morals, health, security interests, and compliance with domestic laws. The provisions reflect the foundational principles of non-discrimination, transparency, and fair trade, while allowing for limited, well-defined exceptions. This summary is intended to provide a concise reference for businesses and legal practitioners involved in international trade law.

Read More »

ROAD ACCIDENT – INSURANCE COMPANY STRIKES BACK: HIGH COURT OVERTURNS ROAD ACCIDENT CLAIM

When a motorcyclist claimed he was knocked down in an accident, the Sessions Court ruled in his favor, holding the other rider fully liable. But the insurance company wasn’t convinced. They appealed, arguing that there was no proof of a collision and even raised suspicions of fraud. The High Court took a closer look – and in a dramatic turn, overturned the decision, dismissed the claim, and awarded RM60,000 in costs to the insurer. This case is a stark reminder that in court, assumptions don’t win cases – evidence does.

Read More »

CHARTERPARTY – LIEN ON SUB-FREIGHTS: CLARIFYING OWNERS’ RIGHTS AGAINST SUB-CHARTERERS

In Marchand Navigation Co v Olam Global Agri Pte Ltd and Anor [2025] 1 Lloyd’s Rep 92, the Singapore High Court upheld the owners’ right to enforce a lien on sub-freights under Clause 18 of the NYPE 1946 charterparty, ruling that the phrase ‘any amounts due under this charter’ was broad enough to cover unpaid bunker costs. Despite an arbitration clause between the owners and charterers, the sub-charterer was obligated to honor the lien, as it was not a party to the arbitration agreement. This decision reinforces that a properly exercised lien on sub-freights can be an effective tool for owners to recover unpaid sums, even in the presence of disputes between charterers and sub-charterers.

Read More »

SHIP SALE – LOSING THE DEAL, LOSING THE DAMAGES? THE LILA LISBON CASE AND THE LIMITS OF MARKET LOSS RECOVERY

In “The Lila Lisbon” [2025] 1 Lloyd’s Rep 101, the court ruled that a buyer cancelling under Clause 14 of the Norwegian Salesform Memorandum of Agreement is not automatically entitled to loss of bargain damages unless the seller is in repudiatory breach. The case clarifies that failing to deliver by the cancellation date does not constitute non-delivery under the English Sale of Goods Act 1979, as the clause grants the buyer a discretionary right rather than imposing a firm obligation on the seller. This decision highlights the importance of precise contract drafting, particularly in ship sale agreements, where buyers must ensure that compensation for market loss is explicitly provided for.

Read More »

CRIMINAL – KIDNAPPING – NO ESCAPE FROM JUSTICE: COURT UPHOLDS LIFE SENTENCE IN HIGH-PROFILE KIDNAPPING CASE

A 10-year-old child was abducted outside a tuition center, held captive, and released only after a RM1.75 million ransom was paid. The appellants were arrested following investigations, with their statements leading to the recovery of a portion of the ransom money. Despite denying involvement, they were convicted under the Kidnapping Act 1961 and sentenced to life imprisonment and ten strokes of the whip. Their appeal challenged the identification process, the validity of the charge, and the admissibility of evidence, but the court found the prosecution’s case to be strong, ruling that the appellants had acted in furtherance of a common intention and were equally liable for the crime.

Read More »
en_USEN
× Contact Us