FAMILY LAW – COSTLY AFFAIRS: A LANDMARK DECISION ON ADULTERY, SPOUSAL MAINTENANCE, AND ASSET DIVISION IN MALAYSIA

1. Summary and Facts

In Hai v Pai & Anor [2025] MLJU 337, the petitioner-wife sought judicial separation, lump-sum spousal maintenance, division of matrimonial assets, and damages for adultery against her husband (respondent) and the co-respondent. The petitioner alleged adultery leading to the irretrievable breakdown of a nearly five-decade marriage. The respondent denied adultery, citing erectile dysfunction, and claimed his wealth derived solely from inheritance. The petitioner also requested damages from the co-respondent.

2. Legal Issues

• Whether adultery was proven and caused irretrievable breakdown of the marriage.
• Entitlement of petitioner to lump-sum spousal maintenance.
• Whether damages were claimable against the co-respondent.
• Whether respondent’s assets stemmed exclusively from inheritance and should be excluded from matrimonial assets.
• Validity and relevance of the respondent’s alleged will in asset division.
• Adoption of a feminist approach for division of matrimonial assets under Article 8 of the Federal Constitution.

3. Court’s Findings

• The court found adultery between respondent and co-respondent was established on a high degree of probability, reinforced by substantial circumstantial evidence.
• A lump-sum spousal maintenance was appropriate given the petitioner’s age, respondent’s prior non-compliance with court orders, and the impracticality of regular payments. A lump-sum of RM205,000 was awarded.
• Damages of RM200,000 were awarded against the co-respondent for causing profound emotional and financial harm to the petitioner. Additionally, RM50,000 in legal costs were awarded to the petitioner.

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