Legal Update 12 of 2018

CASE: 

GURBACHAN SINGH WAZIR SINGH v. AMARJIT KAUR ATMA SINGH & ANOTHER APPEAL [2018] 3 AMR

ISSUE: 

Can a divorced wife claim a larger sum as maintenance? 

FACTS:

  • Prior to her divorce Amarjit had applied to the high court for interim maintenance of RM5000.00 from Gurbachan.
  • Amarjit now argues that the amount ought to be increased because Gurbachan had disposed of assets during the course of their marriage.
  • The High Court did not allow Amarjit’s claim. Amarjit has filed an appeal.
  • Amarjit argues that the High Court judge failed to take into account the disposal of the assets into consideration when the High Court refused to increase the maintenance.

 

DECISION: The Court of Appeal allowed Gerard’s appeal and consequently allowed his claim.

  

  •  The law does not place an obligation on the husband to pay for maintenance in cases where the wife is employed or has reasonable assets to sustain livelihood.
  • The Court would not support the unjust enrichment of the wife and the maintenance would be determined by the affordability of the husband and the quality of life the wife was exposed to during the marriage.

 

 

 

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