Yew Huoi, How & Associates | Leading Malaysia Law Firm

Menu
CUSTODY OF CHILDREN AND MAINTENANCE
  • Legal Updates from YHA Law Firm

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.

 

Back to Latest Legal Updates

Recent Post

ADMIRALTY IN REM – WRONGFUL ARREST – POSSESORY RIGHT – ARREST GONE WRONG: WHEN A SHIP ARREST BACKFIRES WITH DAMAGES

In Eletson Holdings Inc & Ors v The Vessel “Paros” [2026] 8 MLJ 80, the High Court set aside an arrest after finding that the plaintiffs had no proprietary or possessory right to the vessel at the time of the writ, as the bareboat charter had already been terminated. The Court held that the claim was in substance a corporate control dispute dressed up as an admiralty action, and emphasised that such disputes do not fall within admiralty jurisdiction. Critically, the plaintiffs’ failure to disclose the termination of the charter when obtaining the arrest warrant amounted to a serious breach, leading the Court to find mala fides or gross negligence and order damages for wrongful arrest. The decision reinforces that ship arrest is a powerful remedy that must be exercised with full disclosure and a proper maritime foundation.

Read More »
14 July ,2026 No Comments

GUARANTEE – PERSONAL GUARANTEE ≠ PAY ON DEMAND: COURT DRAWS THE LINE BETWEEN SURETYSHIP AND DEMAND GUARANTEES

In CE Energy DMCC v Bashar [2026] Lloyds’s Rep 267, the Commercial Court clarified that not all guarantees labelled “on demand” will be treated as demand guarantees. On a proper construction, the court held that the personal guarantee in question was a contract of suretyship, requiring proof of the principal debtor’s liability rather than automatic payment upon demand. Crucially, the court found that the debtor’s “irrevocable” admissions of debt in a payment agreement created a binding contractual estoppel, which the guarantor could not challenge. The decision also confirms that, where payment is due on a “day certain”, a seller may still claim the price notwithstanding retention of title. The case underscores the importance of precise drafting and the risks of entering into settlement agreements that conclusively fix liability.

Read More »
14 July ,2026 No Comments

MARITIME NEGLIGENCE – PLAINTIFF CLAIMED FOR DAMAGES CAUSED DURING ANCHOR DEPLOYMENT OPERATION – CALDERBANK OFFERS

In Tom Eastwind 365 Sdn Bhd v The Owners of the Vessel “Icon Sophia” [2025] 9 MLJ 397, the High Court held that the doctrine of res ipsa loquitur applied in a maritime collision during an anchor deployment operation, allowing an inference of negligence against the tug owner. The Court clarified that the doctrine is not defeated merely because the defendant adduces evidence explaining the accident – such evidence goes to rebutting the inference, not preventing it. While liability was established due to the tug master’s error of judgment in manoeuvring too close to a stationary barge, the plaintiff failed to properly prove its damages and was awarded only RM50,000. Notably, despite succeeding on liability, the plaintiff was ordered to pay costs after rejecting reasonable Calderbank offers, underscoring the risks of pursuing litigation without properly substantiated claims.

Read More »
14 July ,2026 No Comments

JURISDICTION – BILLS OF LADING – BREACH OF HIMALAYA CLAUSE – BREACH OF EXCLUSIVE JURISDICTION CLAUSE – ONEROUS OR UNUSUAL TERMS

In Maersk Guinéa-Bissau SARL v Almar-Hum Bubacar Baldé SARL [2026] 1 Lloyd’s Rep 215, the English Commercial Court held that a shipper was liable for breach of an exclusive jurisdiction clause and a Himalaya clause after commencing proceedings in Guinea-Bissau instead of England. The Court confirmed that such clauses are standard and enforceable, and that commencing foreign proceedings in breach of them can give rise to a claim for damages. Notably, the Court also recognised that Himalaya clauses may be used offensively, allowing subcontractors to recover losses caused by wrongful litigation. The foreign judgment was not recognised due to lack of jurisdiction and denial of natural justice.

Read More »
14 July ,2026 No Comments

DELIVERY WITHOUT PRESENTATION OF BILL OF LADING – LOI WON’T SAVE YOU: SHIPOWNER LIABLE FOR MISDELIVERY DESPITE INDEMNITY

In United Overseas Bank Ltd v The “Maersk Katalin” [2026] 1 Lloyd’s Rep 18, the Singapore High Court reaffirmed that delivery of cargo without presentation of original bills of lading remains a fundamental breach, even where carried out against letters of indemnity. The Court held that LOIs merely shift commercial risk but do not authorise misdelivery, and rejected arguments of consent, ratification and causation. Significantly, the Court emphasised that the burden lies on the carrier to prove that the loss would have occurred in any event – a burden not easily discharged. The decision underscores the continued strict liability regime in misdelivery cases, particularly where banks as bill holders are involved.

Read More »
14 July ,2026 No Comments

CONTRACT LAW – ‘UK COURTS’ MEANS ENGLAND: COURT UPHOLDS JURISDICTION DESPITE VAGUE CLAUSE

In SMT Global Logistics Ltd v Georgian Airlines LLC [2025] Lloyd’s Rep. Plus 89, the Commercial Court held that a clause referring disputes to “the court in accordance with current legislation of the United Kingdom” was a valid jurisdiction clause in favour of the High Court of England and Wales. The Court also confirmed that the Montreal Convention does not apply to pure contractual claims for non-performance, such as repayment and loss of profits. Emphasising a broad and commercially sensible interpretation, the Court enforced the parties’ choice of forum and refused to stay proceedings, reaffirming that jurisdiction clauses will be upheld unless there are overwhelming reasons to depart.

Read More »
14 July ,2026 No Comments
en_USEN
zh_TWZH ms_MYMY en_USEN