The Court of Appeal ruled that a couple seeking to proceed with a divorce case should do so in Singapore, stating that the court must take into account their three children who have been living in Singapore since 2008.
A three-judge panel consisting of Datuk Wang Jianqiang (transliterated), Datuk Seri Hashim Hamzah, and Datuk Awie Abdul Wahab approved two appeals brought by the wife and overturned all orders issued by the High Court related to the husband's divorce proceedings in Malaysia.
The husband, identified by the pseudonym XYZ, was ordered to pay RM45,000 in costs to his wife, identified as ABC.
The court also ruled that the husband had not validly served the divorce papers on his wife, who is residing in Singapore.
The couple married in Miri on September 13, 2001, under the 1976 Law Reform (Marriage & Divorce) Act, later moving to Australia in 2004 and then to Singapore in July 2008.
The wife and their three children have since resided in Singapore, while the husband returned to Malaysia in April 2011 to live and run a business.
The wife initiated divorce proceedings at Singapore's Family Justice Courts (FJC) on August 1, 2023, with the husband filing for divorce in the Malaysian High Court four months later.
The husband obtained an ex parte order from the Malaysian High Court, allowing him to serve the divorce papers on the wife in Singapore by personal delivery, registered mail, email, or WhatsApp. The documents were ultimately served via email and WhatsApp.
The High Court later dismissed the wife's application to set aside that order and granted the husband's application for an injunction barring the wife from continuing proceedings in Singapore.
In a 26-page judgment, Wang Jianqiang noted the High Court made several errors, including failing to consider the best interests of the couple's three children when determining the appropriate jurisdiction for the divorce.
He said the couple's eldest daughter has autism and hereditary angioedema, while one of their twins has a reading disorder.
The three children, like their relatives, currently live and study in Singapore.
Wang Jianqiang stated that the wife has continuously cared for the children in Singapore and maintains both emotional and psychological bonds with them.
He added that as the eldest daughter is a Singaporean citizen, the Singapore Family Justice Courts would be in a better position to enforce orders concerning access, guardianship, custody, and maintenance.
Therefore, Wang Jianqiang believed that the importance of these considerations outweighed the husband's arguments that Malaysia was the natural forum for trial.
The Court of Appeal also considered an earlier decision by the Singapore Family Justice Courts that Singapore was a "more natural and appropriate forum" for resolving the divorce.
Additionally, the Court of Appeal noted that serving divorce applications and supporting documents via email and WhatsApp did not comply with relevant Singapore legal procedures.
As such, the court set aside the Malaysian divorce proceedings and related notices, declaring the High Court had no jurisdiction over the wife in the Malaysian divorce case.
The lawyers representing the wife were Datuk Mali India, Wu Xiuling (transliterated), Lin Yiwen (transliterated), and Zhang Kaize (transliterated); the husband was represented by Fu Yue'e, Jilanda Riva, Wang John (transliterated), and Naifu Ama.
The husband, identified by the pseudonym XYZ, was ordered to pay RM45,000 in costs to his wife, identified as ABC.
The court also ruled that the husband had not validly served the divorce papers on his wife, who is residing in Singapore.
The couple married in Miri on September 13, 2001, under the 1976 Law Reform (Marriage & Divorce) Act, later moving to Australia in 2004 and then to Singapore in July 2008.
The wife and their three children have since resided in Singapore, while the husband returned to Malaysia in April 2011 to live and run a business.
The wife initiated divorce proceedings at Singapore's Family Justice Courts (FJC) on August 1, 2023, with the husband filing for divorce in the Malaysian High Court four months later.
The husband obtained an ex parte order from the Malaysian High Court, allowing him to serve the divorce papers on the wife in Singapore by personal delivery, registered mail, email, or WhatsApp. The documents were ultimately served via email and WhatsApp.
The High Court later dismissed the wife's application to set aside that order and granted the husband's application for an injunction barring the wife from continuing proceedings in Singapore.
In a 26-page judgment, Wang Jianqiang noted the High Court made several errors, including failing to consider the best interests of the couple's three children when determining the appropriate jurisdiction for the divorce.
He said the couple's eldest daughter has autism and hereditary angioedema, while one of their twins has a reading disorder.
The three children, like their relatives, currently live and study in Singapore.
Wang Jianqiang stated that the wife has continuously cared for the children in Singapore and maintains both emotional and psychological bonds with them.
He added that as the eldest daughter is a Singaporean citizen, the Singapore Family Justice Courts would be in a better position to enforce orders concerning access, guardianship, custody, and maintenance.
Therefore, Wang Jianqiang believed that the importance of these considerations outweighed the husband's arguments that Malaysia was the natural forum for trial.
The Court of Appeal also considered an earlier decision by the Singapore Family Justice Courts that Singapore was a "more natural and appropriate forum" for resolving the divorce.
Additionally, the Court of Appeal noted that serving divorce applications and supporting documents via email and WhatsApp did not comply with relevant Singapore legal procedures.
As such, the court set aside the Malaysian divorce proceedings and related notices, declaring the High Court had no jurisdiction over the wife in the Malaysian divorce case.
The lawyers representing the wife were Datuk Mali India, Wu Xiuling (transliterated), Lin Yiwen (transliterated), and Zhang Kaize (transliterated); the husband was represented by Fu Yue'e, Jilanda Riva, Wang John (transliterated), and Naifu Ama.